Code of Criminal Procedure, 1898 — Section 146: Power to attach subject of dispute

146. Power to attach subject of dispute.__ (1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof : 3 [Provided that 4[* * * *] the Magistrate who has attached the subject of dispute may withdraw the attachment of any time if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.]

(2)When the Magistrate attaches the subject of dispute, he may, if he thinks fit 3[and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court] appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the 5[Code of Civil Procedure, 1908]6[(V of 1908)]: statements of their respective claims, and shall thereafter inquire into the matter in the manner provided in section 145, and the provisions of that section shall, as far as may be, be applicable in the case of such inquiry.

(2)If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution.

(3)If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any exercise of the alleged right.

(4)An order under this section shall be subject to any subsequent decision of a Civil Court of competent jurisdiction.]