JAGATBANDU SAHA Vs. JAGABANDHU SAHA SARDAR

JUDGEMENT

(1.) We hold that this Rule must be made absolute on the second of the grounds on which it was issued, that is that the Magistrate was functus officio and acted without jurisdiction in delivering the order under Section 145, Criminal Procedure Code, which the petitioners wish to set aside. The Magistrate heard the case as Sub-Divisional Magistrate of Nafaingunge. On the 18 November he handed over charge of bis office as Sub-Divisional Officer on transfer to Barackpore.

(2.) Once he had handed over charge he ceased to have any jurisdiction, as Magistrate in the Dacca District and, therefore, as was held by the Allahabad High Court in the case of Empress of India V/s. Anand Sarup 3 A. 563 : A.W.N. (1881) 3753 Ind. Dec. (N.S.) 343, the case which was followed" by this Bench in Baishnab Charan Das V/s. Amin Ali 72 Ind. Cas. 953 : 38 C.L.J. 202 : 50 C. 664 : 24 Cr. L.J. 489, we must hold that the final order passed by him was without jurisdiction.

(3.) We accordingly make this Rule absolute and set aside the order of the Sub-Divisional Magistrate of Naraingunge dated 20 November 1922 declaring, under Section 145, Criminal procedure Code, the first party to be in possession of the land in dispute. This order will be no bar to the Magistrate taking further proceedings under that section if he thinks it necessary to prevent a breach of the peace.