AHMAD HUSAIN Vs. FARHAT HUSSAIN

JUDGEMENT

(1.) This is a reference from the 1st Additional Sessions Judge of Saran recommending that an order passed by a Magistrate of the first class of Siwan, dated 10th January, 1955 directing the payment of costs under Section 148(3) of the Code of Criminal Procedure be set aside.

(2.) There was a proceeding before Mr. R, K. P. Sinha, Magistrate, 1st Class, at Chapra under Section 145 of the Code of Criminal Procedure with respect to a pucca house lying in Holding No. 545 of the Chapra Municipality in Mahalla Dhaiawan of Chapra town. The learned Magistrate disposed of that proceeding by an order which he passed on 16-10-1954. By virtue of a notification, dated 14-10-1954, the learned Magistrate was transferred from the headquarters station of the district of Saran and was posted in the sub-division of Siwan of the same district. In pursuance of that notification, the Magistrate made over charge at Chapra on 16-10-1954, and joined his post at Siwan. While at Siwan two applications were filed before him one on 19-10-1954, and the other on 20-10-1954 with a prayer that he may be pleased to order the payment of costs under Section 148(3), Criminal P. C., in respect of the proceeding which he had tried at Chapra under Section 145, Criminal P. C., as, in the final order passed by him. under Section 145, he had passed no order in respect of costs. The learned Magistrate entertained the applications, and, by his order dated 10-1-1955, he awarded cost of Rs. 500 in favour of Maulavi Farhat Hussain, one of the parties to the proceeding, and he directed : that half of the amount be paid by what he called the first group of the first party, being Nos. 1, 2 and 3, and the fifth party, and the other half by party No. 4 of the first party.

(3.) Thereupon two applications in revision were made to the Sessions Court as against the order of the Magistrate, dated 10-1-1955, for making a reference to this Court to set aside that order. The learned Sessions Judge, accordingly, has made this reference recommending that that order be set aside on two grounds, which I shall now proceed to consider.