BAJRANGALAL SINGHANIA AND ANR. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS revision is directed against a final order under Section 147 , Code of Criminal Procedure passed by a Magistrate 1st Class, Sambalpur.

(2.) A proceeding under Section 145, Code of Criminal Procedure was converted into one under Section 147 of the said Code as the Court below ultimately found the real dispute to be in respect of an easement right of way. The preliminary order issued thereunder directed both the parties to appear in Court and to put in this 'written statements etc.' by the next date. The 1st party, on appearance, adopted the same written statement and the affidavits filed by them earlier in the proceeding under Section 145, Code of Criminal Procedure the 2nd party did not appear or take any steps in this proceeding after its conversion.

(3.) IN this case it is evident from the order -sheet that no date was fixed for taking evidence from the parties so as to gave them an opportunity to adduce evidence. It is true that the Parties also of this own accord did not adduce any evidence, but at the same time there was no indication in the preliminary order that the parties could adduce evidence if they so liked. Having gone through the final order I am inclined to think that the Magistrate was all along under a wrong impression that he could dispose of this proceeding by following the procedure prescribed in the amended Section 145, Code of Criminal Procedure only by taking into consideration the written statements and the affidavits of the parties, without receiving any evidence from them.