THANKAYYAN Vs. PERUMAL NADAR

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure, 1973, by 'C' party Nos. 1 and 2 in M. C. 20 of 1976, now pending before the Sub Divisional Magistrate, Trivandrum, praying for quashing the preliminary order passed in the said proceedings.

(2.) A proceeding under S.145 of the Criminal Procedure Code, 1973, which will hereinafter be referred to as the Code, was initiated by the Sub Divisional Magistrate, Trivandrum, on the basis of a report submitted by the Sub Inspector of Police, Poovar. On 17th April, 1976, the Sub Divisional Magistrate passed an order purporting to be a preliminary order under sub-s.(1) of S.145 of the Code, in respect of the property described in the schedule to the order, and requiring the parties concerned in the dispute to attend her court in person or by pleader on the date specified therein and put in written statements of their respective claims regarding the actual possession of the subject of dispute.

(3.) This order is sought to be set aside mainly on the ground that the order in question is one passed without jurisdiction as the learned Magistrate had not applied her mind and got herself satisfied as required under S.145(1) of the Code.