JAWAD HUSAIN AND ANOTHER Vs. MAHABIR

JUDGEMENT

(1.) THESE are references made by the learned Sessions Judge of Sultanpur recommending that an order passed by a Magistrate under Sections 145 and 146, Code of Criminal Procedure be quashed and the cases remitted to the Sub -Divisional Magistrate, Sadar, Sultanpur, for proceeding and disposing of them in accordance with law. The facts are that the 28th of June, 1951, was fixed in the case but in pursuance of an order that cases more than three months old should be expedited, an order was passed by the learned Magistrate on the 7th of May, 1951, fixing the 14th of May, 1951 for disposal of the case. Notices were issued to the counsel of the parties and the police report shows that they were served. One of the learned counsel endorsed on the 11th of May, 1951, that he could not contact his client and that he had no papers with him. There is no endorsement by the other counsel, but there is nothing to indicate that the police report of service was wrong.

(2.) ON the date fixed the learned Magistrate, finding that no one was present, proceeded to pass an order stating that there was no evidence to show that there was no apprehension of a breach of the peace and that there was no evidence to show who was in possession on the material date. He consequently directed the attachment to continue under Section 146, Cr.P.C. Jawad Husain and Ram Sanehi Murari went up in revision and the references have been made on their application.