BINAYAK BOXI Vs. HARIHAR MISRA AND 2 ORS.

JUDGEMENT

(1.) IN a proceeding under Section 145, Code of Criminal Procedure both parties filed their statements, affidavits and documents. The learned Magistrate was unable to decide as to which of the parties was in possession on the date of the preliminary order. He accordingly drew up a statement of facts of the case and forwarded the records of the proceeding to the Subordinate Judge, Jeypore on 5 -11 -1964, who dealt with the case till 28 -6 -1905. On that very date, the Munsif of Jeypore received the records on transfer by an order of the District. Judge dated 21 -6 -1965. An objection was raised before the learned Munsif that he had no jurisdiction to dispose of the reference as the Magistrate had made it to the Subordinate Judge and not to him. The objection was overruled on 24 -7 -1965. On a consideration of the materials on record the learned Munsif held on 12 -11 -1965 that the first member of the second party was in possession of a portion of the disputed site measuring 66 ft. extending from the Municipal drain in the east and 40 ft. north to south. The rest of the disputed land 24: ft. x 40 ft. was held to be in possession of the first party. He transmitted the findings with the records of the proceeding to the Magistrate by whom the reference was made. On receipt thereof the Magistrate disposed of the proceeding on 11.7.1966 in conformity with the decision of the Civil Court after overruling the contention that the Munsif had no jurisdiction to decide the reference as it had been made to the Subordinate Judge. Against this order the criminal revision has been filed.

(2.) THE only contention raised by Sri R.C. Misra is that the Munsif had no jurisdiction to decide the reference in Ramchandra v. The State of U.P. : A.I.R. 1966 S.C. 1888: 1967 S.C.D. 173. their Lordships held that a proceeding before a Civil Court arising out of a reference under Section 164(1), Code of Criminal Procedure is a civil proceeding as contemplated by Section 141, Code of Civil Procedure and that the District Judge has got the power of transfer of such proceeding from one Civil Court to another under Section 24(1)(b), Code of Civil Procedure.