RAM KRIPAL Vs. GANESH PRASAD

JUDGEMENT

(1.) THIS is a reference by the learned S. J. Rewa on a revision application from an incidental order by the learned Magistrate of Teonthar in regard to properties attached in a proceeding under Section 145 Cr. P. C. which was, however, dropped under Clause (5) of that section. Though this case is by itself unimportant, the general principles for guidance of the Magistrate can be conveniently laid down here.

(2.) GANESH Prasad, non-applicant opposite party, alleged in a petition before the Magistrate that he was in possession of the properties in this proceeding, and that the other party, the applicants Ram Kripal Ram and others, were trying to break the peace and disturb his possession. The Magistrate had the matter inquired into by the police, who reported that there was a dispute about these lands likely to result in breach of the peace, and further that Ganesh Prasad was still in possession. In view of the imminent fear of the breach of the peace the police suggested that the lands be attached and placed in charge of a receiver; in anticipation they had already made the attachment. Whatever the propriety of the Police attaching the property, the Magistrate made the preliminary order and also ordered attachment and the control of the receiver.

(3.) FOR almost one year the proceedings were pending. Ultimately, the parties filed a joint petition alleging that they were going to settle the matter privately and that there being no likelihood of the breach of the peace proceedings might be dropped. The Magistrate cancelled the preliminary order and dropped the proceedings under Section 145 (5) Cr. P. C. Soon after, the Magistrate ordered that the status quo ante should be restored by calling upon the receiver to deliver the properties and the proceeds, if any, to Ganesh Prasad. Upon this the present applicant filed an application in revision before the S. J. who has pointed out, that the Magistrate being functus officio after the dropping of the proceedings, no such order should have been passed.