SARTHAK SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 7387 of 2022

Sarthak Singh And Another
                                                            .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Archana Devi, Kapil Dev Dubey,
                                Kaushal Kishor, Pratikdhar Dwivedi,
                                Rahul Kumar
Counsel for Opposite Party(s) : G.A., Shailendra

Court No. - 82
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the material brought on record.

2. The present application under Section 482 Cr.P.C.petition has been
filed with a prayer to set aside the order dated 23.02.2022 passed by
learned Additional Sessions Judge/ F.T.C., Chitrakoot in Criminal
Revision No. 36 of 2021 (Dhananjay Singh Vs. Sarthak Singh and
another), whereby learned revisional court while allowing the said
revision filed by the opposite party No. 2 herein, has rejected the order
dated 13.10.2021 passed by Sub Divisional Magistrate, Karwi, District
Chitrakoot in Case No. 3637 of 2020 (Sarthak Singh and another Vs.
Dhananjay Singh), arising out of the proceedings under Section 145/ 146
Cr.P.C., with the direction to the court concerned to pass fresh order after
giving opportunity of hearing to both the parties.

3. It is contended by learned counsel for the applicants that the application
u/s 145/146 Cr.P.C. was filed by applicants before the Sub Divisional
Magistrate, Karwi, Chitrkoot wherein the concerned Magistrate after
considering the application filed under Section 145(5) Cr.P.C. moved on
behalf of opposite party No. 2 has passed the order of attachment of the
land in dispute. Against the aforesaid order the opposite party No. 2 filed
criminal revision before the revisional court which has been allowed by
the learned Additional Sessions Judge, directing the court concerned to
pass fresh order after giving opportunity of hearing to both the parties.

4. From perusal of the record and the order passed by the Magistrate
concerned it appears that the Magistrate concerned has passed the order
on 13.10.2021 for attaching the property in dispute under section 146(1)
Cr.P.C., which was challenged by the opposite party No. 2 before the
revisional court, who vide its impugned order has allowed the said
revision while directing the court concerned to pass fresh order after
                                                                                                 A482 No. 7387 of 2022
                                                                     2


                                    giving opportunity of hearing to both the parties, though the revision
                                    against the order of attachment is not maintainable.

                                    5. From perusal of the record and the order passed by the Magistrate
                                    concerned it appears that the Magistrate has passed the order on
                                    13.10.2021 for attaching the property in dispute under section 146
                                    Cr.P.C., which is being reproduced as under:

                                           "146. Power to attach subject of dispute and to appoint
                                           receiver.-(1) If the Magistrate at any time after making the
                                           order under sub-section (1) of section 145 considers the case to
                                           be one of emergency, or if he decides that none of the parties
                                           was then in such possession as is referred to in section 145, or
                                           if he is unable to satisfy himself as to which of them was then
                                           in such possession of the subject of dispute, he may attach the
                                           subject of dispute until a competent Court has determined the
                                           rights of the parties thereto with regard to the person entitled to
                                           the possession thereof:

                                           Provided that such Magistrate may withdraw the attachment at
                                           any time if he is satisfied that there is no longer any likelihood
                                           of breach of the peace with regard to the subject of dispute."

                                    6. Thus, Section 146 Cr.P.C. clearly mandates that the order passed by the
                                    Magistrate is self revocable and any order passed under Section 146(1)
                                    Cr.P.C. can be withdrawn by the Magistrate itself after having full
                                    satisfaction. Therefore, applicants have liberty to approach the court of
                                    Magistrate for redressal of their grievance.

                                    7. With this observation, this application is disposed of.


                                                                                    (Dr. Gautam Chowdhary,J.)
                                    April 20, 2026
                                    Mustaqeem.




Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad