SUBBIAH CHETTIAR Vs. MUTHU OTHUVAR

JUDGEMENT

(1.) HE First Class Magistrate disposed of tHE case before him in a mode not warranted by law. He has not acted under S. 145 (5), Cr l. P. C. For a disposal under S. 145 (4) and (6) or for one under S. 146 (1) tHE enquiry should have been completed. THE three modes indicated above are tHE recognized legal modes to close a proceeding under S. 145. On tHE merits tHE order under reference is inconsistent in that status quo ante is asked to be registered regarding tHE property while tHE profits are to be kept in court deposit pending tHE decision of a competent court. We tHErefore accept tHE reference, set aside tHE order of tHE First class Magistrate and direct him to HEar tHE dispose of tHE matter afresh in tHE light of tHE order of reference an dour acknowledgment of tHE same.