EJAZ AHMAD Vs. KUNWAR MAHESHWAR BAKHSH SINGH

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Hardoi recommending that an order dated 21st March 1950, passed by Sri Huzur Uddin Ahmad, Magistrate, Eirst Class, Hardoi, discharging the accused in a case launched against him under Section 188, Penal Code, be set aside.

(2.) The facts necessary for the appreciation of the point involved in this case may be briefly stated as follows :

(3.) In 1933 Kunwar Maheshwar Bakhsh Singh sold certain zamindari to Sri Krishna Das. After that sale, Maheshwar Bakhsh Singh got ex-proprietary rights in plots NOS. 689, 764, 1568, 870 and 763 situate in village Samodha. In execution of some decree for arrears of rent the vendee Sri Krishna Das was delivered possession over these plots and Kunwar Maheshwar Bakhsh Singh was dispossessed from them. On 5th February 1947, one Ejaz Ahmad, an agent of Sri Krishna Das filed a complaint under Section 145, Criminal P. C., against Kunwar Maheshwar Bakhsh Singh, Chhedi and 16 others. On 6th March 1945, the Sub-Divi. sional Magistrate, Sandila, in whose Court the said case was pending, passed a preliminary order under Section 145, Criminal P. C. This order was duly promulgated as provided in Section 145 (3), Criminal P. C. The Magistrate after recording the evidence of the parties ultimately passed the final order under Section 145 (6) on 9th June 1947, declaring the applicant to be entitled to possession of the property until evicted therefrom in due course of law and forbidding all disturbance of such possession until eviction. Maheshwar Bakhsh Singh and Chhedi are alleged to have disobeyed the said order of the Sub-Divisional Magistrate of Sandila and accordingly he directed their prosecution under Section 188, Penal Code. The complaint made by the Sub-Divisional Magistrate was eventually sent to the Court of Sri Huzur Uddin Ahmad for trial and disposal.