MT CHHABIA Vs. RAM CHARAN

JUDGEMENT

(1.) This is a reference by the learned Additional District Magistrate of Allahabad. He recommends that this Court should set aside an order passed under Section 522, Criminal P. C., by a Bench of Magistrates. He gives three grounds, namely, (1) that the order is signed by only one Magistrate and that there is nothing to show whether any other Magistrate was present at the time when the order was passed, (2) that the order was passed without notice to the person who was dispossessed, and (3) that no order could be passed under Section 522, Criminal P. C., because the offence of which the person against whom the order was passed had been convicted did not involve the use of criminal force or intimidation. There can be no doubt that the order of the Bench of Honorary Magistrates was eminently just and reasonable. The person against whom it was passed had been ejected by a civil Court Amin from a house and her furniture and belongings had been taken by the Amin out of the house and placed outside. It has been found that the person who was put in possession of the house then locked the house up and went away. He did not come to the house for a couple of days and in the meanwhile the woman who was ejected got into the house again and when he returned abused him and threatened him and would not let him in.

(2.) On the first point that the order was signed by only one Magistrate, I may say that the learned Magistrate who made the reference did not ask for any explanation . from the Bench of Magistrates. The person who was put into possession has to-day filed an affidavit that as a matter of fact enough Magistrates were present to form a quorum at the time the order was passed.

(3.) On the second point there is authority for the proposition that it is not absolutely necessary to issue notice before passing an order under Section 522, Criminal P. C., and, on the facts of this particular case, it does not appear that any substantial injustice had been done because it is obvious that the person who was ejected could not have put up any reasonable plea that she was entitled to remain in possession. She did allege that she had no knowledge of the civil Court proceedings but that would not help her unless she went to the civil Court and got the order passed against her set aside.