Court No. - 55 Case :- CRIMINAL REVISION No. - 5671 of 2009 Petitioner :- Awadhesh Kumar And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Satya Dheer Singh Jadaun,Smt. Sushila Jadaun Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard Sri Satya Dheer Singh Jadaun, Advocate, appearing
for the revisionists and AGA for the State.
2. By means of this revision under section 397 Cr. P.C.,
order dated 18.11.2009 passed by the Chief Judicial Magistrate
Auraiya and order dated 26.11.2009 passed by Sub Divisional
Magistrate Auraiya have been challenged.
3. By the impugned order dated 18.11.2009, the CJM
Auraiya has issued warrant of attachment under section 83 Cr.P.C. in
case No. 05 of 2008, arising out of crime No. 300 of 2007, under
sections 147, 148, 149, 302, 307 IPC and section 7 Criminal Law
Amendment Act (State vs. Mithilesh Kumari and others). In pursuance
of that order of attachment, S.D.M. Auraiya has attached the property
mentioned in the said order.
4. It is submitted by learned counsel for the revisionists that
the revisionists are cultivating the land, which has been attached in
pursuance of the order of attachment issued by CJM Auraiya against
accused-persons of case crime No. 300 of 2007 and hence the
property in dispute should be released in favour of revisionists, so that
they may cultivate the said land.
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5. From the record, it is revealed that certain persons are
wanted as accused in case crime No. 300 of 2007 of P.S. Dibiyapur
and since they failed to appear and were found absconding, hence
warrant of attachment under section 83 Cr.P.C. has been issued, in
compliance of which, agricultural land of those accused has been
attached. If the revisionists have got any interest in the land in dispute,
then they can approach the court of CJM Auraiya and file objections
against the attachment as provided in section 84 Cr.P.C. Any person
aggrieved by the order passed on the objections under section 84
Cr.P.C. can file appeal under section 86 Cr.P.C. Therefore, in view of
the specific remedy available to the revisionists in the Cr.P.C., this
Court cannot interfere in the impugned orders, which does not suffer
from any illegality.
6. For the reasons mentioned herein-above, the revision is
hereby dismissed with the observations that if any objection against the
attachment is filed by the revisionists in the court of CJM Auraiya, the
same shall be decided expeditiously, if possible within a period of two
weeks of filing certified copy of this order.
Order Date :- 5.1.2010
v.k.updh.