B DASSO PATRO Vs. B TARINIGA PATRO

JUDGEMENT

(1.) THESE Criminal Revisions arising out of two proceedings under Section 145 of the Criminal P. C. ('the Code', for short) involving common questions have been heard analogously and will be governed by this common order.

(2.) MRS . A. K. Padhi, the learned Counsel for the petitioners, has raised two contentions:

(3.) I am not inclined to accept the other contention raised by Mrs. Padhi for the petitioners. On the principles laid down in the cases of Rabindra Mohapatro v. Bhagirathi Mohapatro (1972) 1 Cut WR 743 and Brundaban Kuar v. Kanhei Jagat (1975) 41 Cut LT 88, where one party claims the entire land and the members of the other party portions thereof, it is open to the Magistrate to draw up one proceeding. There is no material to show that the petitioners have been prejudiced by the course adopted by the learned Magistrate. If in the course of the proceedings, the learned Magistrate comes to find that the petitioners are likely to be prejudiced in their cases in the two proceedings on this account, H would be open to the learned Magistrate to split up the proceedings. This matter, however, is left entirely to his discretion to be exercised judicially.