RAM SAMUJH Vs. STATE

JUDGEMENT

(1.) This criminal revision application, is directed against orders passed by a first class Magistrate of Azamgarh under Section 146 (IB) Cr. P. C.

(2.) Proceedings under Section 145 Cr. P. C. commenced on a report of the Station Officer of Gambhirpur Police Station regarding a dispute likely to give rise to a breach of the peace between Ghulam Rabbani (first party) and Ram Samujh (second party) over the possession of a certain house in the village of Mohammadpur. The learned Magistrate was unable to decide which party was in possession of the disputed property and consequently on 9-8-1958 passed orders under Section 146 Cr. P. C., keeping the property under attachment; and forwarding the case to the civil court for decision. The City Munsif of Azamgarh gave a finding On 19-2-1960 in favour of Ghulam Rabbani and sent the file back to the Magistrate, who thereupon proceeded to pass orders in conformity with that decision, as provided in Clause (IB) of Section 146.

(3.) The contention of the present applicant Ram Samujh is that on 19-2-1980 the learned munsif had no jurisdiction to give any decision in the case because one day earlier (on 18-2-1960) the High Court had passed orders on a transfer application asking him not to pronounce judgment in the case. From the record, however, it appears that by the time the stay order was brought to the notice of the Munsif on 19-2-1960, by means of an affidavit sworn by Ram Samujh, he had already decided the reference under Section 146 Cr. P. C.