CrPC Section 146: Attachment of Dispute Subject & Receiver Appointment

1. Code

CrPC Section 146 deals with the attachment of the subject matter of a dispute and the appointment of a receiver.

2. Explanation

This section empowers a Magistrate to attach the subject matter of a dispute if it is necessary to prevent its disposal, alienation, or removal, which might prejudice the rights of any party involved in the dispute. The Magistrate can appoint a receiver to take possession and manage the attached property.

3. Illustration

Consider a property dispute between two brothers. If one brother is attempting to sell the disputed property, the other brother can approach the Magistrate seeking an attachment order. The Magistrate, upon satisfaction of the necessary conditions, can order the attachment of the property and appoint a receiver to manage it.

4. Common Questions and Answers

• Q: What are the grounds for attachment under Section 146?
• A: The grounds are:
  • To prevent the disposal of the subject matter of the dispute.
  • To prevent the alienation of the subject matter of the dispute.
  • To prevent the removal of the subject matter of the dispute.
• Q: Who can apply for an attachment order under Section 146?
• A: Any party involved in the dispute can apply for an attachment order.
• Q: What are the powers of the receiver?
• A: The receiver’s powers are determined by the Magistrate’s order. They typically include taking possession of the attached property, managing it, and preventing its disposal or alienation.