BALU MIA Vs. MATIUR RAHMAN CHOUDHURY

JUDGEMENT

(1.) THIS reference has been made by the Sessions Judge, Cachar Silchar, and arises out of a proceeding under Section 145 of the Code of Criminal Procedure.

(2.) SHRI P.G. Barua, learned counsel appearing in support of the reference leads me through the impugned order passed by the Magistrate. It appears from the order of the Magistrate that after receipt of the initial order the parties appeared; the first party filed its written statements, 11 affidavits and other documents including copy of a decree in a civil suit. The second party also filed its written statement 11 affidavits and some documents. The Magistrate appears to have considered all these documents. He has assessed their value and ultimately came to the conclusion that the first party was in possession of the disputed land. He has disbelieved the case of the second party. So he declared the first party to be in possession of the land.

(3.) THE basic purpose of a proceeding under Section 145 is prevention of breach of the peace and the procedure for disposal of the proceeding is summary. No appeal has been provided against an order passed under Section 145. On the too of it the party against whom an order is passed has its remedy before a Civil Court. That being the position, it cannot be expected that the order of the Magistrate under Section 145. Criminal Procedure Code should be as thorough as a judgement in a criminal prosecution or in a civil suit. In my opinion in the instant case the judgement of the learned Magistrate is well considered and cannot be said that it was not warranted by Sub -Section (4) of Section 145. Criminal Procedure Code, as observed by the learned Sessions Judge.