RAMACHANDRA PUJA PANDA SAMANT Vs. JAMBESWAR PATRA

JUDGEMENT

(1.) PETITIONER is the first party member in a proceeding under Section 145, Criminal Procedure Code Second party members are the opposite parties. The subject -matter of dispute constitutes plot No. 1728 with an area of 0.51 acre and plot No. 1806 with an area of 2.24 acres, in all 2.75 acres in Mouza Beruhan, Khata No. 28, P.S. Gope, in the district of Puri. The case of the first party is as follows; The disputed lands belonged to Lord Jagannath of Puri. The petitioner was the Sebayat -Marfatdar of the diety and was looking after the disputed properties. Nilamani Patra, deceased father of the opposite parties was the tenant of the disputed lands. He defaulted in payment of rent. The petitioner filed Rent Suit No. 1094 of 1944 -45 against Nilamani and obtained a decree. In Execution Case No. 1322 of 1945 -46 the disputed lands were put to sale. The petitioner purchased the same in court auction and obtained delivery of possession through court on 28.11.1946. Since then till the date of attachment in the proceeding under Section 145, Criminal Procedure Code the petitioner was in Khas possession. Opposite parties without having any manner of right or interest attempted to forcibly and unlawfully remove the paddy crop raised by him. Accordingly he initiated the proceeding under Section 145, Criminal Procedure Code.

(2.) MR . P.V. Ramdas raised the following contentions in opposition :

(3.) SECTION 397(1) prescribes that the High Court may call for and examine the record of any proceeding before any inferior Criminal Court. The word "inferior" does not carry with it any stigma or any suggestion that the Court is under the administrative orders of the superior Court. Inferior Criminal Court only means judicially inferior to the High Court. A Court is inferior to another Court when an appeal lies from the former to the latter. (See AIR 1949 Bombay 29 : ((1948) 49 Cri LJ 593), Krishnaji Vithal v. Emperor).