BISHAN DATT Vs. MOHAN CHANDRA

JUDGEMENT

(1.) THIS revision is essentially directed against an order dated 29-4-1974 passed by Munsif, Almora in proceedings under Section 146 CrPC (Old).

(2.) IT appears that there was dispute between the parties in respect of plot No, 265 situate in village Raturath Patti Palla Baurar district Almora. That dispute was such as was likely to cause a breach of peace and, therefore, proceedings under Section 145 CrPC (Old Code) were initiated in the court of S. D. M. Baramandal, Almora. The Sub-Divisional Magistrate passed a preliminary order and attached the disputed plot. The parties were called upon to put in written statements of their respective claims as respects the facts of actual possession of the subject of dispute. They were also called upon to produce evidence in support of their respective cases. Accordingly, they filed their written statements and also produced evidence in support of their respective cases. The learned Magistrate was, however, unable to decide as to which of the two parties was in possession of the disputed plot on the date the preliminary order was passed and within two months prior to that. Accordingly, he referred the matter to civil court to decide the question as to which party was in possession of the subject of dispute on the relevant date. The matter came up for decision before Munsif, Almora. In the meantime the new Code of Criminal Procedure came into force. The learned Munsif returned the case to the court of Sub-Divisional Magistrate, Baramandal saying that after the coming into force of the New Code no jurisdiction was left in him to decide the reference under Section 146 CrPC (Old). Aggrieved, the applicant has come up in revision to this Court.