LAKSHMI Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Srimati Lakshmi and others against an order passed by Sri. S. C. Goil, Additional Sub-Divisional Magistrate, Sadar, Bukndshahr on 16th of June, 1960, in proceedings under Section 145 Gri, P. C. The Magistrate held that the applicant in the proceedings before him was in possession of the plot in dispute On the date of the preliminary order and the attached plot was, therefore, directed to be released in his favour. The opposite parties in the case went up in revision before the Sessions Judge, and their main contention before him was that there could be only one Sub-Divisional Magistrate in a Sub-Division, that no additional Sub-Divisional Magistrate could exercise powers of a Sub-Divisional Magistrate under Section 145 Cri. P. C. and that, therefore, the order passed by Sri. S. C. Goil was without jurisdiction. It was also urged that as Sri S. C. Goil had powers of only a Second Glass Magistrate, he could not even otherwise exercise jurisdiction Under Section 145.

(2.) This contention of the applicants did not find favour with the learned Sessions Judge and their application was dismissed. They consequently filed this revision in this Court. The application came up for hearing before a learned Single Judge, who finding that the point raised in this application was of a general importance, referred it to a larger Bench.

(3.) The question involved in this revision is simple. A Sub-Divisional Magistrate is appointed under Sub-section (1) of Section 13 Cri. p. C. This subsection reads : "(1) The State Government may place any Magistrate of the first or second class incharge of a sub-division, and relieve him of the charge as occasion requires."