JOGESHWAR MAHTON Vs. UCHIT MAHTON

JUDGEMENT

(1.) This is a reference by the first Additional Sessions Judge, Monghyr, for revising the order dated the 14th December, 1963, and the order dated the 4th January, 1964. passed by the Magistrate in a proceeding under Section 145 of the Code of Criminal Procedure.

(2.) The facts giving rise to this case are these. On the police report, dated, the 16th June, 1962, that there was dispute likely to cause a breach of the peace between the first and second parties in respect of 8 kathas 19 dhurs of land bearing plots Nos. 179 and 185 of holding No. 110, in village Sarauna, a proceeding under Section 144 of the Code of Criminal Procedure was drawn up on the 5th July, 1962, and both parties were restrained from going on the disputed land. They were asked to show cause and they filed petitions showing cause. Some documents as well were filed in that proceeding. This proceeding was, however, converted into one under Section 145 of the Code by or der dated the 3rd September, 1962. On the same day, the Magistrate attached the land in dispute till the disposal of the proceeding. The parties were asked to file written statements; and the second party filed written statement on the 13th May, 1963. On the 19th July, 1963. there was a bid for the settlement of the disputed land and it was knocked down in favour of one Phagu Mahton as his bid was the highest one for a sum of Rs. 14/-. The bidder was to deposit one-fourth of the bid money immediately and the rest by the 25th July, 1963. Thereafter there were several adjournments for enabling the members of the first party to file written statement but they did not choose to file a written statement. On the 29th November, 1963, the case was transferred to the file of Mr. J.N. Singh. Magistrate. 1st Class, for disposal, fixing Hie 3rd of December. 1963, as the next date. The transferee Magistrate received the record on the 2nd December, 1963 and directed that the case should be put up on the date fixed. On the 3rd December. 1963, both parties were absent and thus it was directed that the rase should be put up on the 14th December, 1963, by which time both parties should file written statements and affidavits etc. On the 14th December. 1963, the Magistrate recorded the following order:-

(3.) The Additional Sessions Judge has taken the view that once a proceeding under Section 145 of the Code of Criminal Procedure was drawn up, the Magistrate had no jurisdiction to drop it on account of the absence of the parties and the Magistrate had to either conclude the enquiry with regard to possession or to attach the land in question under Section 146 of the Code, or to drop the proceeding only when he was satisfied that the dispute no longer existed between the parties concerned.