PADMANAVA BHATTACHARYYA Vs. BIDHU BHUSAN DAS

JUDGEMENT

(1.) THE learned Sessions Judge has recommended this motion with a view of taking action by this Court u/s. 439, Criminal Procedure Code for quashing the proceedings before the Magistrate in case No. 37 of 1952 u/s. 145, Criminal Procedure Code when another application u/s. 144, Cr. P. Code has also been pending before him between the same parties.

(2.) I have carefully gone through the report of the learned Sessions Judge made to this Court u/s. 438, Criminal Procedure Code and other relevant matter on the record.

(3.) SECTION 144, Criminal Procedure Code yields, where a special condition of Section 145, Criminal Procedure Code is fulfilled. A Magistrate is bound to take action u/s. 145, Criminal Procedure Code when he finds that there is a real dispute tending to a breach of the peace. In the present case, the dispute between the parties is about possession of the two plots of land, the learned Magistrate has, therefore, adopted the right course in taking proceedings u/s. 145, Criminal Procedure Code which is to settle the dispute permanently as far as Criminal Court is concerned. Proceedings u/s. 144, Criminal Procedure Code is a poor substitute for proceedings u/s. 145, Criminal Procedure Code which settles the matter once for all as far as Criminal Courts are concerned, as ordinarily no order u/s. 144, remains in force for more than 2 months from the making thereof.