KEDAR NATH GOENKA Vs. V PRASAD

JUDGEMENT

(1.) Sri Kedar Nath Goenka, resident of Monghyr Town, has moved this Court in revision challenging the propriety and validity of the orders dated 1-2-65 and 8-2-65 passed by Sri V. Prasad, the then Subdivisional Magistrate, Sadar, Monghyr, in a Criminal Proceeding instituted against the petitioner, his son and his employee. The relevant facts are these:

(2.) On a Sunday, the 24th January, 1965, one Murlidhar Singh, Area Karamchari of Monghyr Sadar Anchal, filed a petition of complaint against Sri Kedar Nath Goenka and his son alleging that on 19-1-65 they got a Mohogny tree, standing in khas Mahal land bearing plot No. 151, cut by their men and removed the same. The Subdivisional Magistrate passed the following order at the foot of the petition :--

(3.) On 25-1-65 the petitioner moved the District Magistrate of Monghyr for staying the proceeding, calling for the record and for withdrawal of the case. The District Magistrate, after hearing the petitioner, passed the following order on 25-1-65.