BAL KRISHNA KHARE Vs. BAIJ NATH AND

JUDGEMENT

(1.) THIS is a reference by the learned District Magistrate of Jalaun. The case furnishes an instance where Magistrates taking proceedings under Section 145 of the Code of Criminal Procedure do not at all look into the provisions of the section and do not see what are the requirements which they have to follow.

(2.) TWO persons Baijnath and Balkrishna Khare made separate reports with the police on the 10th of Augusts 1954, to the effect that dispute existed between them concerning a plot of land and that there was a likelihood of breach of the peace with respect of that land. On a report having been submitted by the police on that matter the Sub -Divisional Magistrate of Orai passed a preliminary order on 16th August, 1954 directing the Station Officer of police station Orai to attach the plot, and he issued notices to the parties to appear in court to file their written statements of claims. Balkrishna filed his written statement on the 23rd of August, 1954, and Baijnath on the 18th of November, 1954. On the 18th of November, 1954, the learned Magistrate passed an order "releasing the property from attachment and terminating the proceedings." The actual order sent to the police for compliance on 29th November, 1954, however, went a little further and it directed that the land be restored to the possession of the party from which it was taken. This resulted in Baijnath, the opposite party, being put in possession of the plot.