CHERAPPAI Vs. MATHOO

JUDGEMENT

(1.) This revision is directed against the order of the Executive First Class Magistrate of Trichur in M.C. 14/60 purporting to have been passed under S.144, Crl. P.C. On 20-3-1960, the Executive First Class Magistrate passed the following order:

(2.) On receipt of this notice, the parties appeared in court and on 28-3-1960 the First Class Magistrate purporting to act under S.144 (4) passed another order which is now sought to be revised.. That order directed the receiver to hand over the five boxes to Mar Sevarios Metropolitan of the Cochin Diocese of the Malankara Jacobite Syrian Church and directed the key to be handed over to the revision petitioner from whom the receiver had taken it.

(3.) The first point that is raised before me is that the two orders passed by the First Class Magistrate are illegal, without jurisdiction and not warranted by the provisions of S.144, Crl. P.C. The portions of the order that is challenged are the directions in the order appointing the Receiver and asking him to take charge of the boxes and the direction in the final order to hand over the boxes to Mar Sevarios Metropolitan. On a perusal of S.144, Crl. P.C., there is not the slightest doubt that the direction appointing a Receiver and taking charge of the boxes was without jurisdiction. The power of the Magistrate under S.144 extends to the issue of a direction in the proper circumstances to any person to abstain from a certain act or to take certain order with certain property in his possession or under his management. The Magistrate has not been invested with the power either to attach the property as in the case of proceedings under S.145, Crl. P.C., or to appoint a Receiver.