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2013 DIGILAW 1582 (RAJ)

Ram Singh v. State of Rajasthan

2013-09-10

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition has been filed on behalf of the petitioners challenging the order dated 22.2.2013 passed by the learned Addl. Sessions Judge, No. 4, Bikaner in revision, whereby, the learned Revisional Court rejected the revision as being non-maintainable filed against the order dated 1.7.2011 passed by the learned Sub Divisional Officer, Nokha, Distt. Bikaner in Criminal Misc. Case No. 4/2011 directing attachment of the property in question under Section 146(1) of the Cr.P.C. 2. Learned counsel for the petitioners places reliance on the decision rendered by the Hon'ble Division Bench of this Court in the case of Sitaram v. Ghasiram reported in 1980 RLW 155 and submits that the Hon'ble Division Bench has held that the order of attachment under Section 146(1) Cr.P.C., is a final order and thus, such order is amenable to be challenged under the Revisional jurisdiction. Learned counsel thus submits that the learned Revisional Court has committed a grave error in rejecting the revision filed by the petitioner as being not maintainable. 3. Learned counsel Shri H.S. Shrimali appearing on behalf of the respondent No. 3 does not object to the proposition that the order directing attachment of the property in question is revisable in view of the decision rendered by the Hon'ble Division Bench in the case of Sitaram(supra). 4. Apparently, the order passed by the learned Revisional Court on 22.2.2013 rejecting the petitioner's revision as being not maintainable is unsustainable in view of the Division Bench's judgment referred to supra, wherein, it was held that an order under Section 146(1) Cr.P.C. directing attachment of the property is a final order and such order would definitely be amenable to challenge under the revisional jurisdiction. 5. Resultantly, the misc. petition is allowed. The order dated 22.2.2013 passed by the learned Addl. Sessions Judge, No. 4 Bikaner is set aside. The parties are directed to appear before the learned Revisional Court on or before 25.10.2013. The learned Revisional Court shall restore the revision petition to its original number thereafter shall decide the matter in accordance with law after giving an opportunity of hearing to both the parties.Petition allowed. *******