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What is the validity of the order passed u/s 146 Cr.P.C in 2002
19-Apr-2023 (In Criminal Law)
I wanna know that is there any time validity for the order given by executive magistrate u/s 146 of crpc as i hv a order given in 2002, is this order is valid up to 2016
Hello!
Section 146 of Cr. P. C. is regarding attachment of property which is subject of dispute.
Under that section, the Magistrate has the power to attach the subject of dispute until a competent court has determined the rights of the parties who are disputing over a property, with regard to the person entitled to the possession thereof. Thus, after determination of rights of the parties by a competent court, the same may be brought to the notice of Magistrate with a request to take the attachment order to it's conclusion.
Secondly, if during subsistence of the order of attachment, if the Magistrate is satisfied that there is no longer any possibility of breach of peace with regard to the subject matter of dispute, the Magistrate may withdraw the attachment.
It appears from reading of that section (146 of Cr. P. C.) that there is no such thing as automatic expiry of the order of attachment. To bring the attachment order of Magistrate to an end, a separate order will have to be obtained.
Section 146 of Cr. P. C. is regarding attachment of property which is subject of dispute.
Under that section, the Magistrate has the power to attach the subject of dispute until a competent court has determined the rights of the parties who are disputing over a property, with regard to the person entitled to the possession thereof. Thus, after determination of rights of the parties by a competent court, the same may be brought to the notice of Magistrate with a request to take the attachment order to it's conclusion.
Secondly, if during subsistence of the order of attachment, if the Magistrate is satisfied that there is no longer any possibility of breach of peace with regard to the subject matter of dispute, the Magistrate may withdraw the attachment.
It appears from reading of that section (146 of Cr. P. C.) that there is no such thing as automatic expiry of the order of attachment. To bring the attachment order of Magistrate to an end, a separate order will have to be obtained.
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Adv. Nahush Surendrakumar Khubalkar
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