STATE OF MADHYA PRADESH Vs. SITARAM VISHWANATH

JUDGEMENT

(1.) THE question, ?which has arisen in this revision, is whether a Magistrate, while dropping proceedings under Section 145 (5), Criminal P. C. , has jurisdiction to direct Police to hand over possession to a particular party of the property Which was attached earlier under Section 145, Criminal P. C.

(2.) AS bask as on 26th July 1962, the Police initiated proceedings under Section 145, Criminal P. C. , against Sitaram (first party) and Smt. Bhagwatibai and three other (second party) on the allegation that they wore on inimical terms and there was likelihood of breach of peace. The Sub-Divisional Magistrate (City), Jabalpur, by his preliminary order dated 27th July 1962, ordered attachment of the house in dispute. In compliance with the Magistrate's order, the Police sealed the house and took it in its possession. A constable was deputed to have watch ? over it. The keys were deposited with the Court. There is no mention in the compliance report from whose possession the house was taken in custodia legis.

(3.) EVENTUALLY, the Magistrate made a reference to the civil Court under Section 146, Criminal P. C. Meanwhile, Smt. Bhagwatibai and four ? others (second party) instituted a suit in the civil Court against Sitaram for declaration of title. In that suit, the Additional District Judge, Jabalpur, passed a decree declaring Smt. Bhagwatibai to be the owner of the suit house. On the basis of that judgment dated 25th February 1965, in Civil Suit No. 6-A of 1964, the learned Magistrate dropped the proceedings under Section 145, without awaiting the answer from the civil Court to the reference made under Section 146, Criminal P. C.