110M of 2012 and its consequential order dated 26.11.2012
passed under Section 146 (1) Cr.P.C. in the same proceeding
whereby some ... been attached by the learned Sub Divisional
Magistrate under Section 146 (1) Cr.P.C. and Circle
Officer/Station House Officer has been appointed
complainant.
1. This petition under Section 482 Cr.P.C. assails the
proceedings initiated u/S 145 / 146 Cr.P.C. which led to
issuance ... Shivpuri u/S 145 Cr.P.C. and the directions for appointment of
receiver u/S 146 Cr.P.C. is based on relevant material
1090, West- land of
applicant Khesra no.1090 under guise of Section 146(1) Cr.P.C. as
well as appointed O/c Mahua ... receiver in terms of Section
146(II) Cr.P.C.
3. During course of hearing, when different
Patna High Court Cr.Misc. No.22078
Magistrate has drawn up a proceeding U/S 145 Cr.P.C ., and attached
the land U/S 146 (i) of ... jurisdiction to draw
up proceeding U/S 145 Cr.P.C . and to attach the land U/S 146 (i) Cr.P.C .
irrespective
first party in a proceeding under Section 144 Cr.P.C.
which was converted into 145 Cr.P.C . and in that case Mahanand Singh ... dropped and the properties of the proceedings
were attached under Section 146 Cr.P.C. He has stated that entire members of the
case have
first party in a proceeding under Section 144 Cr.P.C.
which was converted into 145 Cr.P.C . and in that case Mahanand Singh ... dropped and the properties of the proceedings
were attached under Section 146 Cr.P.C. He has stated that entire members of the
case have
approach the learned Executive Magistrate and thereupon
a proceeding under Section 145 / 146 Cr.P.C was initiated. The learned
Executive Magistrate passed an order ... u/s 146 Cr.P.C. and thereby
attached the land along with timbers. The defendant No. 5 challenged
this order before the learned Sessions
Code of Criminal
Procedure in connection with the above referred proceeding, under
section 145 of the Code of Criminal Procedure.
Patna High Court Cr.Misc ... section (4) of Section 145 of the Code of Criminal Procedure
is yet to commence and conclude.
Application under Sub-section (1) of Section 146
preliminary
order under Section 145(1) CrPC or an order of
attachment issued under Section 146(1) CrPC; and
(d) that ... words
“competent court” as used in sub-section (1) of Section 146 of
the Code do not necessarily mean a civil court only
appointed BDPO Ishrana as receiver after attaching the land under
Section 146 of the Cr.P.C.
4. After hearing learned counsel for the parties ... Divisional
Magistrate, released the land from Section 146 of the Cr.P.C. and BDPO Ishrana
was directed to hand over the possession
