GHASI RAM PRADHAN Vs. SURENDRA SINGH

JUDGEMENT

(1.) This Criminal Misc. Application (No. 2629 of 1984) and the accompanying Criminal Misc. Application (No. 8575 of 1983) under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) arise out of the same proceedings under section 145 of the Code. Therefore, they can be conveniently disposed of by a common order.

(2.) The police, at the instance of the applicant, who is a pradhan of a Gaon Sabha, submitted a report to the Sub-Divisional Magistrate. On the basis of the report the Magistrate passed on order purporting to be under section 145 (1) of the Code. During the course of the proceedings an application purporting to be under section 145 (5) of the Code was made by and on behalf of the opposite parties Nos. 1 to 12 stating, inter alia, that no dispute existed. This application was allowed and the proceedings under section 145 were dropped. Feeling aggrieved, the applicant preferred a revision which was dismissed by the learned 1st Additional Sessions Judge, hence this application. In the accompanying petition filed by the opposite-parties the prayer, inter alia, is that the preliminary order passed under section 145(J) of the Code may be quashed. This petition has not been admitted so far.

(3.) During the course of hearing of the Criminal Misc. Application No. 2629 of 1984 learned counsel for the opposite parties, apart from defending the order passed under section 145 (5) made a virulent attack on the preliminary order passed under section 145(1). He desired that the material supplied by the opposite-parties in the Criminal Misc. Application No, 8575 of 1983 should be taken into consideration while deciding this application. Learned counsel for the applicant rightly objected to this course being adopted as Criminal Misc. Application No. 8575 of 1983 had not even been admitted. Since the opposite-parties could support the impugned order on other grounds including the ground that the preliminary order itself was in accordance with law, I called for the record of the case.