R K MADHURYYAJIT SINGH Vs. NGANGBAM CHANDRADHWAJA SINGH

JUDGEMENT

(1.) THIS revision petition filed Section 435 read with Section 439 of the Criminal Procedure Code - (hereinafter referred to as the Code) by R.K. Madhuryyajit Singh and four others challenges the final order dated 23.12.1969 passed by Shri Th. Gourachandra Singh, Sub -divisional Magistrate, Imphal West, under Section 145 of the Code in favour of the respondent No. 1 Ng. Chandradhwaja Singh, the principal question that falls for determination in the case is whether Shri S.C. Vaish, District Magistrate, Manipur Central, Imphal, had the necessary legal authority on 22nd November 1969 to place Shri Th. Gourachandra Singh, Sub -deputy Collector with powers of Magistrate 2nd Class, in charge of Imphal West division under Section 13 of Code.

(2.) THE proceedings were initiated before Shri Gourachandra Singh by Ng. Chandradhwaja Singh, the respondent No. 1, who presented an application to the former under Section 145, Criminal Procedure Code alleging that he was in lawful possession of a piece of land situate in Moirangkhom Janmasthan for a long time, that on 10.12.1969 the five petitioners herein, in collusion with each other, trespassed over the land by show of force, having aimed themselves with deadly weapons, such as, fire -arms, that a complaint lodged by him with the police station, Imphal, on the date of occurrence remained unheeded, probably for the reason that the petitioner No. 1 is a person of great influence, and that he was therefore forced to approach the Sub -divisional Magistrate for immediate intervention since there was an apprehension of the breach of the peace and blood shed. Shri Gourachandra Singh passed the preliminary order on the same date, viz., 12.12.1969 and fixed 15.2.1969 for the parties concerned to put in written statements affidavits and documents in support of their respective claims. Simultaneously, the Magistrate ordered the attachment of the land in dispute and sent the necessary writ to the police for execution. The record of the proceedings reveals that both the parries put in appearance on 15th December 1969 when the first party, Chandradhwaja Singh, prayed for adjournment as he was not ready with his written statement, while the abound party, the petitioners herein, filed a written statement though unaccompanied by any affidavit or document. The Magistrate adjourned the case to 20th December, 1969 to enable the first party to put in his written statement and other documents. On 20th December, 1969 the second party being absent and the first party having filed the written statement, besides four affidavits and one document, the Magistrate adjourned the hearing to 22nd of December, 1969. On this adjourned date as well, according to the records, the second party were absent and so they were proceeded against ex parte, and after hearing the arguments addressed by the counsel for Chandradhwaj Singh, the Magistrate fixed 23rd of December, 1969 for the final order. On the latter date the order was announced declaring that the first party was in possession of the land in dispute on the date of the preliminary order. The members of the second party were consequently forbidden to disturb the possession of the first party and the attachment of the land in dispute was lifted in favour of the latter.

(3.) IT appears that the second party filed a revision petition against the preliminary order darted 12.12.1969 in the Court of the District Magistrate, but by the time that revision petition came up for hearing the Sub -divisional Magistrate had disposed of the case finally with the consequence that the revision petition was dismissed as infructuous. The second party thereafter filed a revision petition in the Court of the District Magistrate against the final order dated 23rd of December, 1969. That revision petition was dismissed by the District Magistrate on 18th February, 1970. It is thereafter that the instant revision petition was filed in this Court.