SUKUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the two preliminary orders dt.10-8-1971 and 17-8-1971 passed by the Addl. District Magistral, Mangalore, in M.C. No.1 of 1971. The first order relates to S.No.TS 183/A28 measuring 12 cents situate at Kodialbail village, and it reads :

(2.) The only ground on which these two preliminary orders are challenged by the petitioners in this petition is, that the Addl. District Magistrate has failed to record in the impugned orders the reasons for his satisfaction to act under S.145(1) Cr.P.C. and that the orders passed by him are in breach of that Section.

(3.) On the other hand, the learned State Public Prosecutor appearing for the State and Mr. Tukaram S. Pai appearing for the second respondent, contended that merely because the Addl. District Magistrate did not state the grounds or the reasons in his orders which led to his satisfaction, it cannot be said that the orders passed by him are contrary to the provisions of S.145(1) CrPC. and are illegal. They submitted that when those orders were passed, the Addl. District Magistrate had before him the F.I.R. and the report of the Sub-Inspector of Police which clearly show that there was a serious dispute between the parties in respect of those lands and that that dispute was likely to cause a breach of the peace, and that it was that material that gave him the satisfaction to act under S.145(1) and to pass the impugned order although he failed to mention therein all those facts.