S. KAMAYAO Vs. A.C. MAMATUITHEI

JUDGEMENT

(1.) BY this application under Article 227 of the Constitution of India, the petitioner has prayed that the order dated 29th Oct. 1976 (Annexure -A/3) passed by the Executive Magistrate, Ukhrul, Mani -pur East District, in proceedings under Section 145, Cr. P.C. be quashed.

(2.) THE case has a chequered history, though Its facts relevant for decision of this application lie within a narrow compass. In proceedings under Section 145, Cr.P.C. the learned Magistrate attached the property in question and directed both the parties to appear before him and adduce evidence in respect of possession of the land. After recording the evidence adduced by the parties, the learned Magistrate by his order dated 31st Jan., 1975 came to the following conclusion:

(3.) THE contention of the petitioner is that the single Judge's judgment of this Court dated 30th August, 1976 : reported in 1977 Assam LR 58, on the basis of which the impugned order has been passed, is no more a good law in view of the later Division Bench decision of this Court in Criminal Revn. No. 3 of 1976 (Thokchom Khoyon Singh alias Khuyon Singh v. Moirangmayum Singh) and Cri. Revn. No. 9 of 1976 (Konjengbam Lam -phel Singh v. Thangjam Gourahari Singh) decided on 12th April, 1978 : reported in 1978 Cri LJ 1511 (Gau), and, therefore, the impugned order must be set aside and the learned Magistrate be directed to proceed on the lines indicated in the Division Bench decision.