KSHETRA MOHAN SARKAR Vs. PARAN CHANDRA MANDAL

JUDGEMENT

(1.) WHETHER a proceeding under Section 145 of the Criminal Procedure Code, 1973 (for brevity referred to as "the Code") comes to an end after an order of attachment is made under Section 146 (1) of the Code on the ground of emergency ?

(2.) THIS is the moot question posed and referred to this Bench along with a subsidiary question. The later is not of wide importance.

(3.) MR . S. N. Medhi, the learned Counsel appearing on behalf of the petitioner has contended that once an attachment is made under Section 146 (1) of the Code on the ground of emergency a proceeding comes to an end. Counsel relies on the decisions reported in 1976 Cri LJ 1150 (Pat), Mahomed Muslehuddin v. Md. Sala -huddin; 1976 Cri LJ 1915 (Delhi), Hakim Singh v. Girwar Singh; 1977 Cri LJ 563 (Raj), Mansukh Ram v. State; and 1977 Assam LR 58, S. Kamayao v. A. C. Mamatuithei, and adopts the principles enunciated in these decisions as a part of his argument. The sole factor for arriving at the conclusion was plain and simple reading of Section 146 (1) of "the Code" along with the proviso. The learned Judges put special emphasis on the collocation of the words "until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof;" as contained in Section 146 (1) of "the Code" read with the proviso empowering such Magistrate to withdraw the attachment on his satisfaction as to the non -existence of likelihood of a breach of peace with regard to the subject of the dispute.