KELA KHATUA Vs. BAIDHAR KHATUA

JUDGEMENT

(1.) BY this petition, the petitioner challenges the legality and validity of the order dated 12 -8 -1992 passed by the Executive Magistrate, Anandapur, in Criminal Misc. Case No. 46 of 1992 dropping the proceedings Under Section 145 of the Code of Criminal Procedure as being not maintainable and rejecting his application Under Section 146(1). Cr PC for attachment of the disputed land.

(2.) SUBMISSION of the learned counsel for the petitioner is that in view of the admitted position that no interim arrangement whatsoever has been made by the competent Civil Court pertaining to the subject -matter of the dispute, the action of the learned Magistrate in dropping the proceeding is per se illegal.

(3.) WHERE the parties had a right to joint possession of the property in dispute, the Magistrate has no jurisdiction to institute proceedings in such cases as the dispute was between co -owners regarding the mode of possession and was not, therefore, one contemplated by the Section. The actual possession of part of the joint property by one member being on behalf of the other members, is no ground to initiate the proceeding Under Section 145. From the own showing of the petitioner, it appears that the question of title is disputed for which the civil suit is pending for decision.