GOTHIPATHI SURYANARAYANA Vs. SREE RAJA AUKENEED PRAD BAHADUR

JUDGEMENT

(1.) An objection has been taken that the Magistrate acted illegally in dropping, proceedings under Section 145, Criminal Procedure Code, on being satisfied that no dispute likely to cause a breach of the peace existed.

(2.) It is argued that he was bound to record the evidence of the witnesses of the petitioner, who might have shown by evidence that a dispute still existed and that he should not have acted on the petition of the niece of the zemindar who stated that she had compromised the matter in dispute between herself and the zemindar who is the 1 counter-petitioner.

(3.) In Manindra Chandra Nandi V/s. Barada Kanta Chowdhury 30 C. 112 : 6 C.W.N. 417 it was held that whatever the source of the Magistrate's information, he might act upon it if he was saisfied that the state of things which alone would have given him jurisdiction to proceed with the enquiry no longer existed, and in another case, Krishna Kamini V/s. Abdul Jubbar 30 C. 155 at p. 161 : 6 C.W.N. 737 (F.B.), it was pointed out that Section 145 (5) gives even third parties who are interested in the land a right of intervening and showing that no dispute existed. When the Magistrate is able to act on a Police report or other information in starting proceedings under Section 145, I do not see why he should not stay further proceedings on similar information without being obliged to record such evidence as the parties may produce with the same formality as he would have done, if he had gone on with his enquiry instead of dropping it. The petitioner cannot complain that he had no opportunity of showing cause against the order that was made as the Magistrate's order contains a full discussion of his powers to drop proceedings at any stage. I decline to interfere with the order of the Magistrate on this point.