Section 146 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!
Legal Provisions of Section 146 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Power to attach subject of dispute and to appoint receiver: The object of this section is to keep the property in custodies so as to prevent the contesting parties from creating a situation of breach of peace in an attempt to obtain actual possession of the disputed property. The Magistrate should refrain from ordering attachment of property in dispute unless there are clear indications to show that if the property is not attached, serious consequences may flow and may spark off breach of peace. An order under this section without proper inquiry as required under Section 145 (4), would be illegal and without jurisdiction. It is always desirable that the Magistrate should mention grounds for attachment in his…