RAMAUTAR SINGH Vs. HARIHAR SINGH

JUDGEMENT

(1.) SHREE Shiva Shanker Prasad, Additional Sessions Judge of Patna, by his letter dated the let September, 1967, has made a reference to this Court recommending for the getting aside of an order dated the 21st June, 1966, passed by Shree J.P. Srivastava, Subdivisional Magistrate, Dinapur recalling a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code) from the file of Shree Onkar Nath, a Magistrate of the First Class, at Dinapore, and transferring the same to Shree M. Prasad, another Magistrate of the first class at Dinapore, for disposal according to law.

(2.) IT appears that a proceeding under Section 145 of the Code (Harihar Singh and others - first party v. Ramautar Singh and others - Second Party) was pending in the court of Shree J.P. Srivastava, a Magistrate of the first class, at Dinapore. After hearing the parties, and perusing the statements, documents and affidavits, the learned Magistrate fixed 15th of June, 1966, for passing final orders in this proceeding. On that date, he passed an order to the following effect :

(3.) MR . Kailash Roy, while opposing the reference, has contended that the final orders in a criminal proceeding have to be pronounced in open court by the Magistrate who heard the proceeding and not by the successor court in case of the transfer of the first Magistrate.