MAJOR MIRZA Vs. STATE

JUDGEMENT

(1.) This petition is directed against the order dated 31-7-1978 pasped, by the Sub-Divisional Magistrate, Bangalore Sub-Division, Bangalore, in Case No. MAG.SR.38,77-78 (a proceeding ulnder S. 145 of the. Code of Criminal Procedure) dropping the proceedings initiated by him under S. 145 Cr. P.C. (to be hereinafter referred to as the Code.)

(2.) The facts as disclosed in the, records submitted by the Sub-Divisional Magistrate to this Court, are that the Sub-Inspector 61 Police, Shoolay policy station, Bangalore, registered a case in C. C. No 818 of 1977 on 7-9-1977 and sent F.I.R. to the Sub-Divisional Magistrate and that the sworn statement of the; Sub-Inspector of Police of Shoolay police, station was recorded by the Sub-Divisional Magistrate on 14-9-1977. Thereafter the Sub-Divisional Magistrate issued, a preliminary order under S. 145(1) of the Code calling upon the petitioner and respondent-2 in the following terms:

(3.) Sri V.K. Gqvindarajulu, learned, Advocate appearing on, behalf of the petitioner, contended that then Sub-Divisional Magistrate has, acted beyond his powers and without jurisdiction inasmuch, as he could not have proceeded to drop the, proceedings when no such power is vested in him under S. 145 of the Code and that too without giving an opportunity to the parties to produce evidence in support of their respective/ claims.