METTUPALLI CHINA KONDAPPA DIED Vs. RAMSETTY RAM ROW

JUDGEMENT

(1.) The only question that arises for consideration in this case is whether the Munsif-Magistrate, Wanaparthy, acted without jurisdiction in pitting his final order under Section 145 Cr. P. C. even though there was no preliminary order passed under Section 145(1) Cr. P. C.

(2.) The proceedings were initiated in the Court of the Executive Magistrate, Narayanpet, on the report of the police, Devarakadra which was made at the instance of the first-party, respondent herein. As soon as that report was received, a clerk in the office of the Revenue Divisional Officer (Executive Magistrate), Narayanpet, submitted a note on 3-11-1960, which is to the following effect:

(3.) It appears from the notes of the Clerk himself that thereafter 24-11-1960 was fixed as the date for recording the statement of the Sub Inspector of Police. This endorsement is dated 16-11-1960. Again on 24-11-1960, the same clerk made an entry on the docket-sheet that the statement of the Sub Inspector was recorded and notices have also been issued to the parties and the case was posted to 10-12-1960 for appearance. This entry on the docket sheet is not supported by any written order of the Magistrate except to the extent that the Magistrate himself had recorded the statement of the Sub inspector on that day. After recording the statement the Magistrate of course could pass an order; but there is no order in writing by the Magistrate to issue such notice. It is significant that even the notices which were issued on 24-11-1960 stating that there is tension between the parties; that there appears to be likelihood of breach of peace due to the dispute and that, therefore, it is ordered that the parties should appear in the court and put in written statements of their respective claims, does not bear the signature of the Magistrate himself. They were issued under the signature of the Head Clerk for the Magistrate. Thus it is clear that except that the Magistrate had taken down the statement of the Sub-Inspector on 24-11-1960, he has done nothing in the proceedings initiated at the instance of the Police. It is the clerk who made the report and the Head Clerk endorsed that a date may be fixed for recording the statement of the Sub Inspector and the Magistrate merely stated "Yes" and thereafter he did not choose to comply with the provisions of Section 145 Cr, P. C. Sub-Section CD of Section 145 Cr. P. C. reads thus: