NAHAR SINGH Vs. PREETAM SINGH

JUDGEMENT

(1.) THIS application under section 482 Cr. P. C. raises a short but interesting question about the interpretation of section 484 (2) (a) of the Criminal Procedure Code, 1973 (hereinafter called "the new Code" ).

(2.) THE facts, which have given rise to the aforesaid question, may be briefly stated, are that different plots of agricultural lands, measuring 112bighas 7 biswas, were allotted by the Custodian Department to Khanumal alias Khiyamal, Mag-an Mal, Chimanlal and Deepu Mal in the year 1961. In order to manage the said 112 bighas and 7 biswas land, all the aforesaid allottees appointed one Balchand Sindhi as their power of Attorney Holder. Some time later, the Mukhtiar-Aam, Balchand Sindhi, sold the said 112 bighas and 7 biswas land by means of a registered sale deed dated 29-9-1969 to Kapoor Singh, Karnailsingh and Nihal Singh, who will hereinafter be described as "party No. 2". But Nahar Singh and Pola Singh, who will hereinafter be described as "party No 1," contested the claim of the alleged purchasers on the ground that they were in cultivatory possession of the entire land measuring 112 bighas and 7 biswas since the year 1961 on behalf of the allottees thereof. According to party No. 1, the possession of the disputed land was never transferred by Balchand Sindhi to party No. 2. Proceedings under section 107 Cr. P. C. were taken. THEreafter, party No. 2 filed a complaint under section 447 and 307 I. P. C. against party No. 1 but in those proceedings members of party No. 1 were acquitted.

(3.) INSTEAD of repealing the old Code completely, the aforesaid provisions were kept alive for the disposal, continuation and completion of the proceedings of such appeal, application, trial, enquiry or investigation, which were pending on the date when the new Code came into force. After the reference made to this Court was allowed by the order dated January 4, 1974, the case was remanded to the Sub-Divisional Magistrate, Nohar with the direction to allow the parties an opportunity to file fresh affidavit's. The proceedings under section 145 Cr. P. C. were undoubtedly pending before the court of the Sub-Divisional Magistrate, Nohar immediately before April 1, 1974, when the new Code came into force. Thus, it cannot be disputed nor has it been disputed that the proceedings under section 145 Cr. P. C. were preferred under the old Code were disposed of when the Sub-Divisional Magistrate passed his order dated February 12, 1975. But the said order passed by the Sub-Divisional Magistrate was set aside by the Additional Sessions Judge by his order dated February 6, 1978 passed in the revisional jurisdiction the proceedings were remanded to the S. D. M. , Nohar.