BAPPUTTY Vs. KAYYU

JUDGEMENT

(1.) A preliminary order under S.145(1) of the Code of Criminal Procedure, 1973 was issued by the learned Sub Divisional Magistrate, Perintalmanna on 21-7-1976 requiring the parties thereto to attend his court on 30-7-1976 as contemplated by the provisions of the said code. Viewing the matter as one of emergency the learned Magistrate attached the property under dispute under S.146(1) of the same code and the Village Officer, Valambur was put in charge of the property attached. Thereafter the case was posted for evidence. At that stage a question of jurisdiction was raised before the learned Magistrate. Answering the same he held that he has no jurisdiction to determine the question of possession. He thereafter dropped further proceedings under S.145 of the Code. The learned Magistrate in taking the aforesaid view followed the decision of the Allahabad High Court in Chandi Prasad v. Om Prakash (1976 CriLJ 209) and that of the Patna High Court in Md. Muslehuddin v. Md. Salahuddin (1976 CriLJ 1150). This is the order under revision.

(2.) The learned single Judge, who heard the case in the first instance, doubted the correctness of the decision of the lower court and raised the following point for consideration by a larger Bench:-

(3.) The point that arises for consideration here has been elaborately and in detail discussed by another Division Bench of this Court in Crl. R. P. Nos. 107 and 129 of 1977. (1978 KLT 741). The learned Chief Justice speaking for the Court said: