Magistrate Cannot Defer Ruling On Third Party Ownership Claims Under Section 84 CrPC Until After Property Attachment: Jammu & Kashmir High Court

The High Court of Jammu and Kashmir and Ladakh has ruled that a Magistrate is legally bound to adjudicate objections filed under Section 84 of the Code of Criminal Procedure, 1973 (CrPC) by third parties before implementing an attachment order under Section 83 CrPC. The court condemned any postponement of such hearings as contrary to law and held that the rights of third parties must be protected at all stages.…