NARAYANMAL MAHESHRI Vs. LALIT GIRI

JUDGEMENT

(1.) THIS is an application under Section 439, Criminal Procedure Code against an order passed by the learned Sub -Divisional Magistrate (Judicial), Kokraihar dropping certain proceedings under Section 145, Criminal Procedure Code.

(2.) SINCE the learned Magistrate could not himself decide as to which of the parties were in possession of the disputed land, he referred the matter to the Court of the learned Munsiff, Kokraihar under Section 146(1) of the Criminal Procedure Code. The learned Munsiff came to the finding as under :

(3.) THE question that falls for decision in this application under Section 439, Criminal Procedure Code is whether after the receipt of a finding by the Civil Court under Section 146, Civil Procedure Code that the disputed land is in joint possession of both the parties m dispute the learned Magistrate had any alternative but to drop the proceedings under Section 145, Criminal Procedure Code.