JYOTISH KOTWAL Vs. DWARKA PROSAD MARWARI

JUDGEMENT

(1.) This application is directed against an order dated the 11th September, 1968, made by the Subdivisional Officer of Godda. Mr. S.K. Chaturvedi, reviving a proceeding under Section 145 of the Code of Criminal Procedure, which had been earlier dropped by the same Magistrate by his order dated the 9th September. 1953.

(2.) It appears that on the basis of a police report a proceeding under Section 145 of the Code was drawn up on the 3rd November, 1966, in relation to some lands situate in Mauza Dhankunda, police station Mohagama, in the district of Santal Parganas. It was after sleeping over the proceding for about four years that on the 28th March, 1960, the Subdivisional Magistrate referred the case under Section 146 (1) to the Civil Court at Godda. The Subordinate Judge, Godda, by his order dated the 2nd June, 1962, more than two vears aftes the reference, referred back the proceeding to the Sub-divisional Magistrate discovering that there was no formal proceeding drawn up and therefore, it was void ah initio.

(3.) On the 3rd July. 1962, after the reference was returned by the Subordinate Judge, the Sub-divisional Magistrate made the following order: