BRAHMDEO NARAIN SINGH Vs. MISHRI DHOBI

JUDGEMENT

(1.) THIS is an application in revision against an order of the learned trial Court in a proceeding under Section 145 Cr. P.C, The learned trial Court found the opposite party in possession of the disputed land and directed the petitioners not to disturb the possession of the 1st party, who are the opposite party, until evicted by the orders of a competent civil court.

(2.) MRS. D. Lall, appearing on behalf of the petitioners, has submitted that the learned trial court should not have disposed of the statement on affidavit in the manner that he did. I would quote the relevant passage of the judgment of the learned Magistrate: "All the 3 sets of contesting parties have filed documents to support their respective possession. It may be mentioned here that the affidavits filed on their behalf have no evidentiary value as they are ex parte matters done in mechanical way and hence I do not feel inclined to attach any importance to such documents". I would remind the learned Magistrate that the whole purpose of the new procedure is that statement on affidavit should be looked into in order to avoid prolonged section 145 proceedings. But should the learned Magistrate in any proceeding find that the statement on affidavit is not sufficient or for other reasons thinks that witnesses should be examined it is open to him to examine witnesses. I would refer to Sub-section (4) of Section 145 as amended by Act 26 of 1955: