WAREPAM LUKHOI SINGH Vs. LEPCHUNG KOM

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Manipur, that the order of Shri Basir Ahamad, M. F. C, passed Order 21 -10 -1957, in Criminal Misc. Case No. 11 Order 1957, a proceeding under Section 145, Criminal P. C., upholding the possession of Lepchung Kom (opposite party in this proceeding) and prohibiting any disturbance of it by Warepam Lukhoi Singh (petitioner in this proceeding) in respect of some land covered by Darabadi Patta No. 7/33 I. E. T., suffers from illegality and want of jurisdiction, and should therefore be set aside.

(2.) IN my opinion, the facts have been mis -appreciated with the result that the law has not been correctly applied, and I am afraid this reference was unnecessary and cannot be accepted.

(3.) IT appears that the Police did not make any report on the matter referred to them under Section 202, Criminal P. C., and most probably were content with starting proceedings under Section 145, and the written complaint under Rules 326 and 447. on which the Magistrate had passed the order under Section 202, and which is on the record of the Magistrate tagged with the complaint under Section 145, was returned with it because the Police, as can be reasonably inferred in the circumstances, thought that no action on the complaint of Lepchung Kom was necessary.