https://www.taxtmi.com/caselaws?id=313079 After cancellation of preventive proceedings under Section 145(5) CrPC, the Magistrate is not functus officio and may pass incidental orders to restore possession to the person from whom property was taken at attachment, but cannot reopen possession on a fresh merits enquiry. If the record does not clearly support restoration of status quo ante, the parties must be left to the civil court. The revisional bar under Sections 397(3) and 399(3) applies only to the person who invoked the earlier Sessions Court revision, so the opposite party is not barred from filing a revision before the High Court. en-us Fri, 27 Nov 1981 00:00:00 +0530 Fri, 22 Mar 2024 17:37:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313079 After cancellation of preventive proceedings under Section 145(5) CrPC, the Magistrate is not functus officio and may pass incidental orders to restore possession to the person from whom property was taken at attachment, but cannot reopen possession on a fresh merits enquiry. If the record does not clearly support restoration of status quo ante, the parties must be left to the civil court. The revisional bar under Sections 397(3) and 399(3) applies only to the person who invoked the earlier Sessions Court revision, so the opposite party is not barred from filing a revision before the High Court. Case-Laws Indian Laws Fri, 27 Nov 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313079