Court No. - 54 Case :- APPLICATION U/S 482 No. - 3243 of 2010 Petitioner :- Samarpal Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated
7.12.2009 passed by learned S.D.M. Dhanora, District J.P. Nagar in case
No. 4 of 2009 whereby the order under section 146(1) Cr.P.C. has been
passed. It is contended by learned counsel for the applicants that there
was dispute of a particular portion of the property but the learned
Magistrate has attached the whole property. The order of attachment is
illegal. It is further contended that there is dispute of cosharer. IN such
situation the application filed under section 145 (1) and 146(1) Cr.P.C. are
not maintainable.
In reply of the above contention it is submitted by learned A.G.A. that
applicants shall move an application before the court concerned.
Considering the submissions made by learned counsel for the applicants,
learned A.G.A. it is directed that in case applicants move application
before the S.D.M. concerned, within 15 days from today, the same shall be
heard and disposed of within a week thereafter.
With this direction, this application is finally disposed of.
Order Date :- 3.2.2010
RPD