P GEORGE Vs. M NARAYANAN NAIR

JUDGEMENT

(1.) This is a petition to revise the order passed under Section 145, Criminal P.C. by the learned Divisional Magistrate and Sub Collector, bhapuram, passed in C. 2. M.C. 46/81.

(2.) The respondent preferred a petition dated 9-8-1981 apprehending danger to his life and property and requesting the Magistrate to conduct a local enquiry regarding his possession or the land in R.S. 198/2 A of Arumanai Village. A preliminary order under Section 145(1), Criminal P.C. was passed on 6-9-1981. The petitioner and the respondent were called upon to file written statements of their respective claims to the fact of actual possession of 2 acres 75 cents of land comprised in R.S. 198/2A of Arumanai village. The respondent filed his written statement on 1-9-1981 and the petitioner on 21-9-1981. Thereafter, evidence, was taken and the final order was passed on 15-10-1981 holding that the respondent's possession was true. This order was the subject matter of revision before this Court in Criminal R.C. No. 688 of 1981. The case was remitted back to the learned Magistrate with a direction to treat the order passed by the Magistrate on 6-9-1981 as a preliminary order and to conduct enquiry afresh, permitting the parties to file documents or affidavit as they deemed fit.

(3.) In compliance with the direction, the learned Magistrate called upon the parties to file their written statements and let in evidence. The respondent filed his written statement on 11-1-1982. The petitioner without filing a statement took adjournment on three occasions. Finally on 22-2-1982 he filed a petition to the effect that he intended to get the case transferred from the file of the learned Magistrate and declined to take part in the enquiry. He was set ex parte on 22-2-1982.