RAM PRASAD SAO Vs. SHANKAR PRASAD SAO

JUDGEMENT

(1.) This is an appln. by the petnr. who was the second party to a proceeding under Section 144, Cr. P. C. before M. G. V. Lele, Mag. first class, Purulia. The proceeding was started in connection with the breach of the peace concerning the possession of plot Nos. 1101 & 1093 of village Brojopur. Proceedings were started on a police report dated 26-6-1950. On 30-6-1950, the learned Mag. issued notices to both the parties forbidding them not to go upon the land. After they had both filed their show-cause petns. he heard the parties & passed an order on 22-7-1950, in the following words;

(2.) The first party thereafter moved the Dy. Comr. of Manbhum under the provisions of Section 144, Sub-clause (4), Criminal P. G. The learned Dy. Comr., however, set aside the order of the Mag. & substituted the following order in its place:

(3.) Mr. Mukherji on behalf of the petnr. urges that the order of the learned Dy. Comr. of Manbhum is without jurisdiction. According to him he had no jurisdiction to order rescinding the second party from going near the land, because the words of Sub-clause (4) of Section 144 do not authorize him to pass that order. He contended that the words "rescind or alter any order made under this section'' mean rescinding or altering the order passed against the party by the Mag. It does not authorise the Dy. Comr. to pass an order against the present petnr. as he has done in the present case. In support of his contention he relies upon the case of Ganpat Singh v. Emperor, 3 Pat. L .J. 287: (A. I. R. (5) 1918 Pat. 672: 19 Cr. L. J. 880), where a D. B. of this Ob. held that the Mag. cannot substitute an order of his own forbidding the successful party before the first Ct. from going near the land or exercising a right of possession. He also reld. upon the case of Sevugan v. Karuppan, A. I. R. (24) 1937 Mad. 487: (38 Cr. L. J. 864) & also on an unreported ease of Dewan Singh v. Deo Narain Singh, Cr. Revn. No. 737 of 1950, decided by Ramaswami J. on 28-8-1950: (A. I. R. (38) 1951 Pat. 253).