BUDHAN Vs. SUKHAN

JUDGEMENT

(1.) This is a reference under Section 438, Criminal P. C., by the learned Temporary Sessions Judge of Bijnor recommending that an order passed by a learned Magistrate of that place under Section 145, Criminal P. C. be vacated.

(2.) It appears that one Budhan made a petition under Section 145, Criminal P. C. The opposite parties were Sukhan and his companions. At the time of arguments Budhan offered to be bound by whatever statement Sukhan would make by taking the oath of his son. Sukhan agreed to take this special form of oath. He was so examined and in that statement he stated as follows : "I swear by my son that the disputed land is in my possession." Accepting the statement the learned Magistrate held that possession was with Sukhan. On this finding the application presented by Budhan under Section 145, Criminal P. C. was rejected and he was forbidden to interfere with Sukhan's possession.

(3.) Dissatisfied with this order, Budhan went up in revision before the learned Sessions Judge. The learned Judge is of the opinion that Sections 8 to 11, Oaths Act (x [10] of 1873) do not apply to proceedings under Section 143, Criminal P. C. and further that the oath administered to Sukhan was repugnant to decency. He has, therefore, recommended that the learned Magistrate's order be set aside.