P C KHADER Vs. P K KHADER

JUDGEMENT

(1.) THIS is a petition to revise the order of Sub-Divisional Magistrate, Perinthalmanna in M.C. 11 of 1987. Apprehending breach of peace, Sub-Divisional Magistrate initiated proceedings under S. 145 of the Code of Criminal Procedure, in respect of property in R.S. No. 23/1 of Olavathoor amsom. Petitioner is a member of B party-respondents are members of A party. There were differences between A and B parties-Mujabid and Sunni groups. Magistrate observed:

(2.) ACCORDING to petitioner, dispute falls under S. 147 and not under S.145. He would further contend that magistrate erred in thinking that decision of civil court was conclusive. Counsel for respondents would submit that the course adopted by the magistrate is the proper course, and that the magistrate should not conduct an inquiry when the matter was concluded by decision of the civil court.

(3.) THE position is as follows: