SUNIL KUMAR MAITY Vs. RUPADHAR BHUYAN

JUDGEMENT

(1.) THIS revision has been filed against the order passed by the learned Executive Magistrate, Kendrapara, dropping a proceeding under Section 145 of the Code of Criminal Procedure ('Code' for short) and directing continuance of the custodian of the disputed land till a receiver is appointed by the Civil Court of competent jurisdiction.

(2.) ON police report to the effect that there was apprehension of breach of peace relating to plot No. 7 appertaining to Khata No. 1 consisting of Ac. 1.00 of cultivable (and in mouza Tikayatnagar, the learned Executive Magistrate on 24 -8 -1985 initiated a proceeding under Section 145 of the Code and directed the parties to file their written statement.

(3.) SUB -section (8) of Section 145 empowers the Executive Magistrate to make an order for the proper custody or sale of any crop or other produce of the subject of dispute during continuance of the proceeding under Section 145. It has no application to a case where the proceeding under Section 145 has terminated. To meet the emergency, there is specific provision under Section 146(2) provided an order has already been passed under Sub -section (1) thereof. In other words, if a case comes within the ambit of Section 146(1) and the subject of dispute is kept under attachment until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof, the Magistrate is competent to make such arrangement as he considers proper for looking after the property, or if he thinks fit, appoint a receiver thereof.