D NARAYANA SINGH Vs. Y RAMALINGAMAIAH

JUDGEMENT

(1.) The Criminal Revision Case came up for hearing it the first instance before a single Judge, our learned Brother Gangadhara Rao, J. On the ground that there is conflict of decisions between the various High Courts on the questions raised in the case and there is no decision of this Court in that regard, the questions involved are likely to arise in a number of cases, the learned Judge considered it desirable that the case should be decided by a Division Bench. That is how this case came up before us for hearing.

(2.) The matter has arisen out of a final order passed by an executive Magistrate under section 145, of the Code of Criminal Procedure (old). (Hereinafter if sections 145 and 146 are referred to, they relate only to the old Code of Criminal Procedure). The procedure adopted under section 145. or 146 of the present Code of Criminal Procedure is somewhat different.

(3.) A few facts of the case necessary to understand the questions involved for decision may be stated. On a report given by the Police, the Special Executive Magistrate, Hyderabad passed a preliminary order under section 145(1) on 1-2-1973. After written statements were filed, when the Magistrate found it difficult to decide as to which of the contending parties was in possession of the land in dispute on the date of the preliminary order, as provided under section 146, he referred the case for decision of a Civil Court to decide the question whether any and which of the contending parties was in possession of the subject matter of dispute on the date of the preliminary order.