AB SAMAD TRAG Vs. RAHMAN LONE

JUDGEMENT

(1.) ORDER :- I have heard learned counsel for the petitioners.

(2.) Ld. counsel for the petitioners has filed this revision petition against the order passed by Additional District Magistrate (Assistant Commissioner) on 11-9-1990, whereunder learned Magistrate had dropped the proceedings after having come to the conclusion that there is no apprehension of breach of peace on spot. Though the order prima faciely was ordered (sic) which the Magistrate could pass when he comes to a satisfaction that there is no apprehension of breach of peace and he can pass such an order at any time. It is not required that the time of his dropping of proceedings is to be first notified to the parties. As and when the Magistrate comes to the conclusion or is of the opinion that there is no apprehension of breach of peace regarding any immovable property situated within his jurisdiction, he can drop the proceedings.

(3.) Here in the present case, the learned Magistrate has not assumed the jurisdiction as is required under Section 145(1), Cr. P. C. I had the occasion to go through the initial order purported to have been passed on 10-4-1989 (1988), wherein the Magistrate has nowhere shown that he is satisfied on the information received by him that there is apprehension of breach of peace and, as such, has necessitated him to initiate the proceedings under sub-section (1) of Section 145, Cr. P. C. It is this sub-section (1) of Section 145, Cr. P. C. order which gives jurisdiction to learned Magistrate to proceed in the matter. However, when there is no order in terms of sub-section (1) of Section 145, Cr. P. C. strictly in accordance with the procedure laid down, it will be deemed that the jurisdiction which has been assumed by the Magistrate is ab initio illegal. So any subsequent proceedings which have been taken or culminated on this illegal jurisdiction will also be null and void.