K ABOOBACKER Vs. K K ABDULLA HAJI

JUDGEMENT

(1.) These two Criminal Miscellaneous Cases are at the instance of 'B' Party and 'A' Party respectively in M. C. No. 122/99 of the Sub Divisional Magistrate, Kasaragod at Kanhangad, which is a proceeding under S.145 of the Code of Criminal Procedure. After initiating the case, the Sub Divisional Magistrate also passed an order appointing a Receiver in respect of the subject matter of the case invoking the powers under S.146 of the CrPC. While 'A' Party challenges both the aforesaid orders in Crl. M. C. No. 5616/2000, the challenge in Crl. M. C. No. 2513/2000 is the order passed by the Sessions Judge, Kasaragod, modifying the order of the Sub Divisional Magistrate passed under S.146 of the CrPC and appointing three persons as joint Administrators.

(2.) The learned counsel for the petitioners in Crl. M. C. No. 5616/2000 submitted that the proceedings of the Sub-Divisional Magistrate are ab initio void in so far as there was no material before him to conclude that there was a dispute with regard to 'possession' warranting proceedings under S.145 of the CrPC. It is also argued with reference to the relevant order passed by the Sub Divisional Magistrate that he has not entered the required satisfaction for proceeding under S.145 of the CrPC. The learned counsel further submits that even though he tried revisions before the learned Sessions Judge, Kasaragod, and lost them there that, does not in any way affect the maintainability of the present proceeding invoking jurisdiction of this Court under S.482 of the CrPC. Case law is also relied on in this regard. The dismissal of Crl. RP 78/2000 by this Court before filing Crl. RP Nos. 61 and 62/2000 before the Sessions Judge, Kasaragod, is also of no relevance in the matter of maintainability of the present Crl. M.Cs. , according to the learned counsel for the 'A' party.

(3.) The questions for consideration are :