In Brief
Land dispute proceedings under the Criminal Procedure Code were initiated before a magistrate. When the appellants challenged an order directing a police inquiry, the High Court quashed the proceedings. However, the same magistrate later issued an order attaching the disputed property, purportedly under CrPC Section 146. The appellants challenged this before the High Court, which directed implementation of the attachment. The Supreme Court held that property attachment under Section 146 CrPC can only follow an order under Section 145 CrPC. Since the Section 145 proceedings had been quashed, the attachment order was void and unenforceable. The Court quashed the High Court's mandamus order, holding that courts cannot enforce illegal orders lacking statutory foundation.
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