PARTAP SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) ORDER dated 17 -10 -2003 passed by Additional District Magistrate, Jammu, under Section 145 Cr.PC was quashed by this Court vide its order dated 2 -4 -2004. The case was remanded to the learned Additional District Magistrate for proceeding afresh in the matter in accordance with law.

(2.) RATHER than considering the case for passing orders under Section 145 of the Code of Criminal Procedure, learned Magistrate without recording requisite satisfaction under Section 145 Cr.PC and drawing preliminary order under the aforesaid Section, has proceeded to issue an order on 14 -5 -2005, whereby he has directed maintenance of status quo. It is this order, which has been questioned by the petitioner through the medium of this petition under Section 561 -A Cr.PC.

(3.) A magistrate, seized of a petition or proceedings seeking initiations of proceedings under Section 145 Cr.PC, is not possessed of any jurisdiction or authority to pass an order of attachment or the like of the subject matter of dispute until a preliminary order under Section 145(1) is passed. He does not even otherwise have any jurisdiction to pass an injunctive direction contemplated by Order XXXIX of the Code of Civil Procedure.