MALATI DAS @ MALOTI DEY Vs. CARMEL MAKRI

JUDGEMENT

(1.) Aggrieved by the order dated 01.05.2018 passed in C.T. Case No.1 of 2016 by the Executive Magistrate, Ri Bhoi District, Nongpoh, instant petition has been filed.

(2.) It is the contention of the learned counsel for the petitioner that the learned Magistrate had to address the issue of possession under proceedings initiated under Section 145 Cr.P.C. but in terms of the order dated 1.5.2018 in effect he has decided the title of the land even though order is interlocutory but the rights of the parties have been decided.

(3.) Copy of the record of the case submitted by the learned Executive Magistrate, reveals that the provisions of Section 145 Cr.P.C. have been observed in breach, orders passed from time to time are inconsistent with the mandate of Section 145 Cr.P.C., as such arbitrary exercise of the power.