RAJKISHORE MOHANTY Vs. NIRANJAN MOHANTY

JUDGEMENT

(1.) THIS is a reference by the Addl. District Magistrate, of Cuttack recommending the setting aside of a final order under Section 145, Cr. P. C. passed by Shri P. K. Das, Magistrate 1st Class, Cuttack, in a criminal miscellaneous case (No. 523 of 1961 ).

(2.) THE proceedings were initiated on 28-10-1951 and the affidavits of both the parties were filed on several succeeding dates, and on 284-1962 the learned magistrate wrote in the order-sheet as follows:

(3.) THE learned Additional District Magistrate has recommended the quashing of the order on the ground that the Magistrate had no jurisdiction to examine as a witness the Naib Tahasildar because he did not file affidavits in this case.