DHARAMPAL AND ORS . versus SMT. RAMSHRI AND ORS.

DHARAMPAL AND ORS . versus SMT. RAMSHRI AND ORS.

Magistrate is empowered to withdraw attachment order upon grant of interim relief by civil court; civil court's seizure and grant of injunction or appointment of receiver ends Magistrate's attachment. Second revision application is expressly barred and cannot be entertained by High Court under inherent powers.

Parties
Appellant: Dharampal and Ors.; Respondent: Smt. Ramshri and Ors.
Jurisdiction
India
Judgment Date
07 January 1993
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 31.7.1980 of Allahabad High Court in Cr. Misc. Appln. No. 5296 of 1979
Outcome
Appeal allowed; impugned order of High Court set aside.
Legal Topics
Attachment Order Under Criminal Procedure Code, Powers of Magistrate and Civil Court, Second Revision Application, Section 145 and 146 Cr PC Interpretation
Criminal Law Attachment Order Under Criminal Procedure Code Powers of Magistrate and Civil Court Second Revision Application Section 145 and 146 Cr PC Interpretation

Case Brief

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Parties

Dharampal and Ors.

Appellant

Smt. Ramshri and Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 31.7.1980 of Allahabad High Court in Cr. Misc. Appln. No. 5296 of 1979

Legal Issues

  1. 1 Whether the Magistrate can withdraw an attachment order before final determination of rights by civil court
  2. 2 Whether second revision by same party is maintainable under Section 397(3) and Section 482 CrPC

Ratio Decidendi

Magistrate is empowered to withdraw attachment order upon grant of interim relief by civil court; civil court's seizure and grant of injunction or appointment of receiver ends Magistrate's attachment. Second revision application is expressly barred and cannot be entertained by High Court under inherent powers.

Court Disposition

Appeal allowed; impugned order of High Court set aside.

Orders

  • Appellants must amend the plaint to claim declaration of title, in addition to permanent injunction.