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). Kokrajhar 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, Kokrajhar under Section 146(1) of the Criminal Procedure Code, The learned Munsiff came to the finding as under;

(3.) MR . J. N. Sarma, the learned Counsel for the petitioner, has invited my attention to various decisions of several High Courts in this matter. He has drawn my attention to a decision of the Mysore High Court in Hanumanpa v. Kondappa AIR 1964 Mys 195 : (1964) 2 Cri LJ 319 where N. Sreenivasa Rau, C. J., who delivered the judgment of the Court, had held as follows: