Section 145 crpc

SDM cannot attach property under section 146 crpc when civil suit is pending

A Sub-Divisional Magistrate cannot legally attach property under Section 146 of the CrPC if a civil suit regarding the same property is already pending. This guide explains why such orders lack jurisdiction and outlines the proper legal remedy, including filing a petition under Section 482 CrPC to the High Court based on established Supreme Court precedents.