145 cr pc

Sonia Prabhu (Querist) 01 December 2012 This query is : Resolved
Can the SDM under 146 Cr Pc :

1) Attache a residence where people are already residing ?

2) When his operative order mentions attachment but he has not conducted any procedure of attachment and the property in dispute is the residence then what does he really mean by 'Attachment' ?

3) Will it mean in such a case that he meant Symbolic Attachment ?

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Devajyoti Barman (Expert) 01 December 2012
What is the real fact?

Raj Kumar Makkad (Expert) 01 December 2012
If persons residing in that property violating section 145 then the proceeding under 146 can definitely initiated against them and the attachments shall not be symbolic rather actual.

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