Jagir Kaur vs State of Punjab

H.S. Bedi, J.

The primary grievance of the petitioner is that while making the order Annexure P6 that has been impugned in these proceedings, no reasons were recorded by the Executive Magistrate. Reference has been made to Section 145 Cr.P.C. which, inter alia, provides that the property can be attached provided the Executive Magistrate is satisfied for reasons to be recorded in writing that there was a likelihood of breach of peace. It will be seen from a reading of Annexure P6 that no such reasons have been recorded by the Executive Magistrate and by a cryptic order the land in dispute was being attached and the Station House Officer, Beas, being appointed as a Receiver under Section 146(1) Cr.P.C. has been made. There is merit in the stand of the learned counsel for the petitioner. A bare reading of the aforesaid order Annexure P6 does indicate the merit in the argument of the learned counsel. The present petition is accordingly allowed; the order Annexure P6 is quashed and the case is remanded to the SubDivisional Magistrate, Baba Bakala, District Amritsar, to take up the file once again, hear both the parties and pass a fresh order in accordance with law, within two months from the date the parties appear before him parties are directed to appear before the Magistrate on 20th December 1994. In the meantime, as the time is running short for sowing the Rabi Crop for the year 1994, the Tehsildar Baba Bakala will continue to be the Receiver of the property in question till such time the Sub Divisional Magistrate takes a final decision in the matter.