STATE Vs. SULA MIR

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge Anantnag against an order passed by the Judicial Magistrate 1st Class, Shopian, on 23 -8 -1973 which the reference inadvertantly refers at the end as order dated 5 -6 -1973.

(2.) IN a proceeding under section 145 Cr, P. C. between the parties hereto, the trial Magistrate Judicial Magistrate 1st Class, Pulwama was unable to decide which Party was in possession of the disputed land. He, therefore, tried the question on -the civil side following a reference to the civil court under section 146 1 Cr. P. C. Before giving effect to this finding on the criminal side, the case was transferred to the court of Judicial Magistrate Shopian. Meanwhile rhe aggrieved party went in revision before the Sessions Judge, Anantnag against the finding given by Munsiff Pulwama as civil court in the matter. The learned Sessions Judge sent, for the records from the Judicial Magistrate Shopian The Judicial Magistrate Shopian sent up the record after passing the final order under section 146 IB in conformity with the decision of the civil court.

(3.) RELYING on the decisions reported as AIR 1967 Mysore. 5and AIR 1925 Bombay, 247, the learned Session Judge has held that the Magistrate could not proceed in the matter after the file was sent for and as such the order passed by him was illegal. Accordingly he has recommended that the said order be quashed.