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2008 DIGILAW 1151 (RAJ)

Resham Singh v. State of Rajasthan

2008-04-28

H.R.PANWAR

body2008
JUDGMENT 1. - By the instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code", hereinafter), the petitioners have challenged the order dated 27.9.2006 passed by the Additional Sessions Judge, Raisinghnagar, District Sri Ganganagar (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 47/2005. 2. Heard learned counsel for .the petitioners and the Public Prosecutor. Perused the order impugned. 3. It is contended by the learned counsel for the petitioners that the order attaching the land under Section 146(1) of the Code dated 22.9.2005 passed by the Sub Divisional Magistrate, Raisinghnagar, District Sri Ganganagar (for short, "the Executive Magistrate" hereinafter) was challenged by the petitioners before the Revisional Court by way of filling a revision petition and the Revisional Court dismissed the same on the ground that the order under Section 146(1) of the Code is interlocutory order. Learned counsel submits that a Division Bench of this Court in Sitaram v. Ghasiram & Ors., 1979-80 (Suppl.) Cr.L.R. (Raj.) 20 , has held that the order of attachment under Section 146 of the Code is a final order and not an interlocutory order and it is open to revision. 4. In Ram Pratap & Anr. v. State of Rajasthan & Ors., RLW 1997 (1) Raj. 444 : 1997 Cr.L.R. (Raj.) 204 , this Court held that an attachment order passed under Section 146(1) of the Code is a final order and not an interlocutory order and such an order is open to revision. 5. In view of the aforesaid decisions, the impugned order deserves to be set aside. 6. The criminal miscellaneous petition is allowed; the impugned order is set aside; the revision petition filed by the petitioners is restored and the Revisional Court is directed to hear and decide the revision petition filed by the petitioners on merit in accordance with law.Petition allowed. *******