RAFIQ ISMAIL SHIKALGAR Vs. APPA YESHWANT

JUDGEMENT

(1.) This is a revision application seeking to set aside an order passed by Mr. C. S. Kotwai, Additional Chief Presidency Magistrate, dismissing the petitioner's application under section 145 of the Code of Criminal Procedure.

(2.) The short facts necessary for the purpose of this judgment are that on Feb. 9, 1972, the present petitioner filed an application under section 145 of the Code of Criminal Procedure in the Court of the Additional Chief Presidency Magistrate at Dadar against opponents Nos. 1 and 2 for having forcibly dispossessed him of the southern portion of the room occupied by him by breaking open the lock. Opponent No. I was in possession of the remaining portion of that room, and opponent No 2 is the landlord of the premises in which the said room is situated. On the day on which the application was filed in the Court of the Additional Chief Presidency Magistrate by the present petitioner, some material was placed before the learned Magistrate who thereafter adjourned the proceeding to Feb. 15, 1972 in order to enable the applicant to produce some more material. On that date, however, the present petitioner was absent and the learned Additional Chief Presidency Magistrate therefore made an order, "Application dismissed." It is from that order that the original applicant has approached this Court in revision.

(3.) Two points of law have been urged before me, and they are ; (1) that the Additional Chief Presidency Magistrate had no jurisdiction to deal with a proceeding under section 145 of the Code of Criminal Procedure; and (2) that the order of the Additional Chief Magistrate is erroneous in law, in so far as a proceeding under section 145 of the Code Criminal Procedure not being a complaint within the meaning of section 4 (I) (h). could not be dismissed either under section 247 or under section 259 of the Code. I will proceed to deal with each of these points.