Supreme Court of India · 1979-09-13
MATHURALAL vs BHAWARLAL & ANR.
- Citation / case number
- SC 1979/62676
- Court
- Supreme Court of India
- Petitioner
- MATHURALAL
- Respondent
- BHAWARLAL & ANR.
- Bench
- REDDY, O. CHINNAPPA (J)
Judgment text excerpt
The Supreme Court held that the Magistrate retains jurisdiction to proceed with an enquiry under Section 145 of the Code of Criminal Procedure, 1973, even after attaching the property under Section 146. The Court clarified that Sections 145 and 146 must be read together, emphasizing that the attachment does not preclude the Magistrate from determining possession. The appeal was dismissed, affirming that the Magistrate's role continues until a final decision is made regarding the dispute over possession.