PRANAB KUMAR MUKHERJEE Vs. YUSUF ALI BHAR

JUDGEMENT

(1.) PURSUANT to an order of the Division Bench of this Court passed on 18 -12 -1974, a proceeding under Section 145 of the Criminal Procedure Code was drawn up with regard to plots Nos. 63 and 234. In the Title Suit No. 23 of 1963 pending in the court of the 1st Subordinate Judge, Alipore, Shri Pranab Kumar Mukherjee and Shri Dilip Kumar Mukherjee were appointed Receivers in respect of the disputed tank fisheries, which are locally known as Kankarasuti, Sonatala, Jhoro -khali and Bantra. On 28 -12 -1077, the learned Magistrate perused the petition submitted by Pranab Kumar Mukherjee, and fixed 29 -12 -1977 as the next date stating that the petition be sent, to the Officer -in -Charge, Barasat, for investigation and report and necessary action by that date. On 29th December last, he stated that in view of a lot of disturbances of public tranquillity, which had arisen basically due to Shri Pranab Kumar Mukherjee being Receiver of his own property, he discharged him from that post and appointed J.L.R.O. to act as Receiver until further orders. Against that order, the present rule was obtained.

(2.) IT has been contended on behalf of the applicants that in view of the Section 146(2) of the Criminal Procedure Code, the order passed by the learned Magistrate is without jurisdiction because joint Receivers in respect of the disputed property had already been appointed by the civil court. That order was confirmed by the High Court and hence, the order is without jurisdiction.

(3.) OF course, the learned Standing Counsel appearing on behalf of the State referred to the decision of Mr. Justice Chandrachud in the case of Kurukshetra University v. State of Haryana in : 1977CriLJ1900 to show that the inherent power envisaged by Section 482 of the Code should not be exercised arbitrarily but it should be invoked sparingly, in rarest of rare cases with circumspection. Now, that case related to quashing an P. I. R. and it was stated that High Court could not, in exercise of the power conferred by Section 482 of the Code, quash the F.I.R. So that case is clearly distinguished.