JABBAR MANDAL Vs. TARAK CHANDRA GHOSH

JUDGEMENT

(1.) The judgment of the Court was as follows:

(2.) The Petitioners were the second party in proceedings under Section 145 of the Code of Criminal Procedure which were drawn up on June 12, 1948, by the Sub-divisional Magistrate of Barasat. The lands in dispute were also, under his order, directed to be kept under attachment under Section 145(4), Code of Criminal Procedure, after receipt of a report of the officer-in-charge of Police Station Habra that a breach of the peace was apprehended in connection (sic) the dispute over the possession of certain lands. On July 23, (sic) after a written statement had been filed by the second (sic) the Subdivisional Magistrate transferred the case to the (sic) Officer for disposal. The second Officer, on a consideration (sic) the evidence, came to the conclusion that the first party was (sic) possession of the land and declared them entitled to possession (sic) released the land from attachment. As against this order, (sic) present application by the second party has been directed.

(3.) Three points have been urged by Mr. Chakravarti on behalf (sic) the Petitioners. His first contention is that the Subdivisional (sic) had no right in law to transfer these proceedings to any (sic) magistrate and was bound to dispose of them himself, that (sic) transfer of the case to the second Officer was without jurisdiction and that the second Officer had no jurisdiction to dispose of (sic) proceedings. The second contention of Mr. Chakravarti is (sic) it as the learned magistrate did not, in his order drawing up (sic) proceedings, state the grounds of his satisfaction that a dispute (sic) to cause breach of the peace existed, the proceedings were (sic) in law. The third contention of Mr. Chakravarti is that the (sic) magistrate has not clearly found the possession of the (sic) it party on the relevant date, namely, June 12, 1948.