AHMAD DIN Vs. BIJHA SINGH

JUDGEMENT

(1.) This is an application under Section 561-A, Criminal P. C.

(2.) It appears that the applicant Ahmad Din obtained through the civil Court in execution of his decree a certain stall in Hazratganj. Thereafter one Rijha Singh, a refugee, gave an application to the District Magistrate, Lucknow, that this stall was his own and was not really the subject-matter of litigation, that severe damage had been caused to him and that there was an apprehension of a breach of the peace. It was prayed that proper inquiry be ordered into the matter and necessary action be taken against Ahmad Din and his associates and in the mean time the possession of the site together with the stall be restored to the applicant so that he may be able to resume his business and earn his livelihood. The City Magistrate' of Lucknow, according to his own explanation, received this application in person from the District Magistrate. Thereupon he ordered the police of Hazratganj to look into the matter and report at once that very day. This order was passed on 28th November 1919. The report of the police was sent to the City Magistrate and on 29th November 1949, the following order was passed.

(3.) The applicant Ahmad Din complains against this order and says that it is entirely without jurisdiction, or, in any case, even if the Magistrate had jurisdiction, it; is a clear abase of authority on his part and it should be set aside. On the other hand both the counsel for Rijha Singh and the learned Government Advocate urge that the order of the Magistrate was passed in his executive capacity and certainly not as a Court and in the circumstances Section 561-A, Criminal P. C., has no application. This contention of the learned Government Advocate is sound and must prevail. Section 561A, Criminal P. C., reads as follows: "Nothing in this Code shall be deemed to limit of effect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." it is obvious from a reading of the section that the High Court will interfere it necessary when something contrary to law has been done by a subordinate Court. What we find in this case is an application or a sort of information addressed to the District Magistrate which when the City Magistrate visited the District Magistrate, was passed to him for an enquiry. It is to be noted that his was not transferred by the District Magistrate to the City Magistrate for disposal. No cognizance of any offence has been taken. The City Magistrate in his turn, because be was in charge of the city of Lucknow and because it was brought to his notice that the action of Ahmad Din had already caused a lot of excitement among the people and was likely to create a breach of the peace, expeditiously referred the matter to the police for a report and the report was required for the same day. The idea obviously was to see what was the real cause of the trouble and if any redress could be given by the executive authorities that might be given. It is significant that the orders passed by the City magistrate were addressed to the S. O.