BASU CHOUDHARY AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This reference Under Sec. 438, Code Criminal Procedure by the Additional Sessions Judge, Manipur, relates to an intermediary order dated 19-7-1968 passed by the District Magistrate, Manipur, at the instance of Kakhangai Kabui and 14 others against whom an order Under Sec. 144 (1), Code Criminal Procedure had been made by the Sub-divisional Magistrate, Imphal West, on a petition instituted by Smt. Apambi Kabuini.

(2.) Smt. Apambi Kabuini had complained that the members of the other party were threatening interference in her established possession over a piece of land in village Kakhulong and so she prayed that they be restrained from embarking upon such a course. The Sub-divisional Magistrate passed an order Under Sec. 144(1), Code Criminal Procedure on 12th July 1968 in the manner prayed for. Aggrieved by that order Kakhangai Kabui and others moved an application on 19-7-1968 before the District Magistrate, Manipur, under Sub-section (4) of Sec. 144, Code Criminal Procedure for rescission thereof. On the same date the district Magistrate passed the following order after hearing only the petitioners before him:

(3.) Smt. Apambi Kabuini filed a revision petition on 22-7-1968 in the Court of the Sessions Judge challenging the validity of that order. That revision petition was heard by Shri P. N. Roy, Additional Sessions Judge. In the opinion of Shri Roy the order made by the District Magistrate was in excess of the authority vested in him Under Sec. 144 (4), Code Criminal Procedure and so he recommended that the order should be quashed.