THANURAM GOGOI AND ANR. Vs. TANKESWAR DOWERA

JUDGEMENT

(1.) THIS is a reference from the Second Additional Sea. J., U. A. D., dated 21 -6 -1950. It arises out of proceedings Under Section 145, Cr. P.C.

(2.) THE facts are as follows : Proceedings Under Section 145, Cr. P.C. were drawn up on the petition of the 1st Party (Resp. dt.). On 8 -8 -1949, the learned Magistrate passed a preliminary order in which he stated that a dispute likely to cause a breach of the peace existed between the parties concerning a plot of land. He also directed the parties to put in written statement of their respective claims as to the fact of actual possession. On 9 -12 -1949 he passed the following order :

(3.) ON the request of the 1st party, the case was adjourned from 3rd January to 17th February 1950. On this date, the learned Magistrate proceeded ex parte; examined the 1st party and one of his witnesse - and ordered that the 1st party be restored to possession.