JAGJIT SINGH Vs. JEET KAUR

JUDGEMENT

(1.) THE facts of this petition under Section 482 of the Cr. P. C. 1973, (hereinafter referred to as the new Code) are that a report was made by the police about the apprehension of the breach of the peace between the parties in regard to the possession of land in dispute to the Executive Magistrate, Sirs a, who passed orders under Section 145 (1) of the new Code and attached the subject-matter of the dispute under Section 146 (1) of the new Code. He directed the parties to file written statements of their claims and also to lead evidence. Some evidence was examined before him. The petitioners have filed this petition in this Court on the ground that once an attachment is made under Section 146 (1) of the new Code, the proceedings under Section 145 of the Code terminate and the Magistrate becomes functus officio. He seeks the quashing of the proceedings, which the Magistrate is now taking under Section 145 of the new Code and also the evidence recorded by him. The petition is opposed by the respondents.

(2.) THE Cr. P. C. 1898, (hereinafter referred as the old Code) was amended in 1955 and the power of attachment was given to the Magistrate In case of emergency in Section 145 under Sub-section (4 ). In some cases where the Magistrate could not himself determine about the possession of the subject-matter of the dispute in accordance with the provisions of Section 145 of that Code, he had the power to refer the matter to the Civil Court under Section 146 of that Code. In the new Code, the power of attachment has been omitted from Section 145 and it is now provided in Section 146 (1 ). The right of the Magistrate to refer the matter to the Civil Court has also been omitted.

(3.) SECTIONS 145 and 146 of the new Code are as under : 145