KARUNAMOY MUKHERJEE Vs. KALIKA PROSAD BHADURY

JUDGEMENT

(1.) THE proceedings under Section 145, Criminal P. C., which were drawn up on the application of the present petitioner were 'dropped' on 22nd December 1949, on an application by the petitioner that there was no longer any likelihood of any apprehension of the breach of the peace over the possession of the property. The question then arose as to the disposal of the sale proceeds of the crops which had been sold by the receiver. The learned Magistrate passed an order for payment of this money which amounted to almost Rs. 2,000 to the second party as he was of opinion that the documents produced before him showed that the second party had title to the crops.

(2.) AN application against this order before the learned Sessions Judge was unsuccessful.

(3.) WHETHER such an order could be passed under Section 517, Criminal P. C., depends really on the answer to the question whether when the proceedings are terminated by an order of cancellation passed under Sub -section (5) of Section 145, Criminal P. C., it can be said that the enquiry in Section 145 proceedings is concluded. In a case which came up before this Court very many years ago, an order directing the first party to reap the crops after the proceedings had been dropped was claimed to have been passed under Section 517, Criminal P. C. This Court said, 'If that be so, we have jurisdiction to interfere under Section 520 of the same Code' and the Court for reasons recorded cancelled the order passed. It will be noticed that the Court did not discuss or determine the question whether in fact such an order could be passed under Section 517 of the Code, but proceedings on the assumption that this was so, held that the Court could interfere under Section 520, Criminal P. C., and the order was passed.