HOLIRAM GAONBURA Vs. REMESWAR DAS

JUDGEMENT

(1.) THIS is a reference made by Sri R, Hazarika, Additional Sessions Judge, Lower Assam Districts, recommending that an order, dated 1 -6 -53, attaching the disputed land Under Section 146, Criminal P. C, should be set aside. The reference arises out of a proceeding Under Section 145, Criminal P. C. The facts appear to be that there was a Civil Court decree in respect of the disputed land in favour of the second party, in which the first party was the judgment -debtor. In execution, of the decree, the second party claimed to have obtained delivery of possession of the disputed land and to have continued in such possession thereof. They have also been mutated in respect of the land and have been paying Government revenue.

(2.) THE learned Sessions Judge, in recommending that the order should be set aside, observes in the first place that the Magistrate should not have proceeded to Initiate the proceedings Under Section 145, Criminal P. C, merely on an application from the first party and without any proper local investigation either by the Police or by some person authorised in this behalf.