MATHURALAL versus BHANWARLAL & ANR.

MATHURALAL versus BHANWARLAL & ANR.

The Magistrate is competent to proceed with the enquiry under Section 145 of the Criminal Procedure Code, 1973 even after attaching the property in dispute under Section 146(1) on the ground of emergency. The jurisdiction does not end with attachment; the Magistrate must complete the enquiry and make consequential orders unless proceedings are stopped as per Section 145(5).

Parties
Appellant: Mathuralal; Respondent No. 1: Bhanwarlal; Respondents: Bhanwarlal & Anr.
Jurisdiction
India
Judgment Date
13 September 1979
Procedural Posture
Criminal Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Attachments, Magistrate's Jurisdiction, Breach of Peace, Inquiry Under Sections 145 and 146 Cr.p.c.
Criminal Law Criminal Procedure Attachments Magistrate's Jurisdiction Breach of Peace Inquiry Under Sections 145 and 146 Cr.p.c.

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Parties

Mathuralal

Appellant

Bhanwarlal

Respondent No. 1

Bhanwarlal & Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether a Magistrate is competent to proceed with an enquiry under Section 145 of the Criminal Procedure Code, 1973 after attaching the property under Section 146(1) in cases of emergency.

Ratio Decidendi

The Magistrate is competent to proceed with the enquiry under Section 145 of the Criminal Procedure Code, 1973 even after attaching the property in dispute under Section 146(1) on the ground of emergency. The jurisdiction does not end with attachment; the Magistrate must complete the enquiry and make consequential orders unless proceedings are stopped as per Section 145(5).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.