GAMBHIR CHAND Vs. DEWAN RAJ

JUDGEMENT

(1.) PROCEEDINGS under section 145 Cr, P.C. were initiated on the application of Gambhir Chand before the Executive Magistrate, Bhaderwah, on 30th August, 1984. The Executive magistrate passed a final order on 23rd of November, 1984, and dismissed the application. A revision was taken before the Sessions Judge who concurred with the findings of the Magistrate and dismissed the revision.

(2.) THIS Revision Petition has been filed against the order of the Sessions Judge. The only point agitated before this court was that the trial Magistrate, who was also Tehsildar was seized of the matter under revenue laws relating to correction of certain revenue records, On 20th October, 1984, he had visited the spot. The observations gathered by the Magistrate as Tehsildar during his spot inspection were made basis for arriving at a conclusion in application u/s 145 Cr. P.C, therefore, the order was bad.

(3.) I have heard the learned counsel for the parties. The counsel for the petitioner submits that Section 145 of the Cr. P.C. is a provision which contains the whole mechanism that is expected to be followed by the Magistrates and sub section 4 lays down the procedure which is to be followed by the Magistrate while conducting the inquiry as to possession. It nowhere provides that a Magistrate should visit the spot and come to his own conclusions.