TOIJAM GOKUL SINGH Vs. MD. IBRAHIM MIA

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge, Manipur, under Section 438, Cr.P.C., to set aside the order of the S.D.M., Bishenpur, dated 17.9.1965, passed in his Criminal Misc. Case No. 9 of 1965, under which the S.D.M. declared under Section 145, Cr.P.C., that the respondents have been in possession of the disputed land since 28.11.1960 and that they should continue to possess the same until they are ousted in due course of law.

(2.) THE S.D.M., Bishenpur, drew up proceedings on 28.11.1960 under Section 145, Cr.P.C., on the strength of a Police report dated 23.11.1960 and passed a preliminary order under Section 145(1), Cr.P.C., on 28.11.1960. He ordered attachment of the disputed land on the same date of 28.11.1960. Both the parties filed written statements, affidavits and documents in support of their respective claims to the disputed land. But, as the S.D.M. was unable to determine which of the parties was in actual physical possession of the disputed land on 28.11.1960, the date of the preliminary order, or within two months prior to that date, he made a reference to the Civil Court under Section 146(1), Cr.P.C.

(3.) UNDER Section 146(1 -A) it was the duty of the S.D.M. to dispose of the proceeding under Section 145, Cr.P.C., in conformity with the decision of the Civil Court. Though the S.D.M. received the records on 30.4.1962, he did not pass any order. The petitioners filed an application before the S.D.M. on 25.8.1965, to take up the matter and to pass an order in conformity with the decision of the Civil Court. On the same date the petitioners also filed a petition No. 258/25.8.1965 before the S.D.M. for the prosecution of the respondents on the ground that they trespassed into the disputed land subsequent to its attachment.