THOKCHOM NARAHARI SINGH Vs. MOIRANGTHEM KERANI SINGH

JUDGEMENT

(1.) THIS is a reference made under Section 438 Cr. P. C. by the Sessions Judge, Manipur, to set aside the order of the S. D. M., Bishenpur, dated 30 -3 -65 passed in N. F. I. R. Case No. 15 of 1962 on his file dropping the further proceedings under Section 145 Cr. P. C.

(2.) THE brief facts of the case leading to this reference are that one Thokchom Narahari Singh of Ningthoukhong village made a report to the Police Station in Bishenpur against the respondents, alleging that they committed theft of paddy from his land, covered by patta No. 44/461 -A (new). The Police filed a report in the S. D. M.'s Court in Bishenpur, requesting him to take action under Section 145 Cr. P. C. The S. D. M., Bishenpur, passed a preliminary order on 20 -12 -62 in N. F. I. R. Case No. 15 of 1962 and attached the land. After enquiry, he passed an order on 4 -6 -63 declaring the respondents to be in actual physical possession of the disputed land and delivered the same to them.

(3.) AFTER remand, Thokchom Narahari Singh died. On 30 -3 -65, the date fixed by the S. D. M. for the appearance of the parties, the third petitioner Nandashyam Singh, who is the second son of Narahari Singh, filed a petition signed by all the petitioners viz. the widow, sons and daughters of late Narahari Singh to add them as legal representatives in substitution of the deceased first party under Section 145(7) Cr. P. C. But, the Magistrate passed an order on 30 -3 -65, holding that it was doubtful if Nandasyam Singh, the second son, was a legal representative when his elder brother Manimacha Singh, the 2nd petitioner herein is alive. He further held that the married daughters of the deceased Narahari Singh are not his legal heirs. Stating that the 3rd petitioner Nandasyam Singh represented that there was no likelihood of the breach of the peace, the S. D. M. dropped the proceedings under Section 145 Cr. P. C. and confirmed the possession of the respondents and directed them to continue to possess the disputed land.