TARA CHARAN SARKAR Vs. BENGAL COAL CO LTD

JUDGEMENT

(1.) In this case the Rule was issued calling upon the Deputy Commissioner and the Opposite Party to show cause why the order of the Deputy Commissioner, dated the 20 June 1908, quashing proceedings under Section 145, Criminal Procedure Code, should riot be set aside and why an order should not be passed by this Court directing that the proceedings instituted do continue before the Deputy Magistrate, Babu Manmatha Nath Mukerjee, before whom they were originally instituted on the ground that the order of the Deputy Commissioner appears to have been passed without taking any evidence and, therefore, was passed without jurisdiction.

(2.) The facts of the case out of which this Rule arose appear to be briefly as follows:

(3.) The Eastern Coal Company, on the 3 April, 1908, wrote a letter to the Deputy Commissioner of Manbhoom stating that they had obtained a prospecting coaling lease of Mouzah Hira Khund from one Tara Churn Sarkar on the 22 February, last and that they had commenced to prospect for coal. Subsequently, the Bengal Coal Company Ltd., alleging that they had obtained a lease of the same mouzah on the 2 April, from one Kali Mohan Bhattacharjee, who represented that his father was dead, had stationed peons and chuprasees in the mouzah for the purpose of preventing the Eastern Coal Company from asserting their rights. The Deputy Commissioner in reply wrote a letter, dated the 10 April, 1908, to the agents of the Eastern Coal Company, which, after stating that from the Managing Agent's letter of the 3 April it appeared that the other company were in actual physical possession, and after warning the Managing Agents of the Eastern Coal Company to the effect that they would be responsible for any breach of the peace which might occur if they carried out the proposal which they had made in their letter of the 3 April to go on to the land on the 15th April, concluded by stating that he, the Deputy Commissioner, had given orders to the Police to make an enquiry into the facts and that he would, if necessary, take action under Section 145 of the Criminal P. C.. The Police seem to have made an enquiry on the spot and a report was submitted on the 20 April which was laid before a Deputy Magistrate and was afterwards made over to Babu Manmatha Nath Mukerjee, another Deputy Magistrate for orders. Babu Manmatha Nath Mukerjee on the basis of that report drew up proceedings under Section 145 of the Criminal P. C.. Afterwards, in consequence of what occurred in the course of those proceedings, that Deputy Magistrate, being of opinion, that his impartiality was questioned, referred the case to the Deputy Commissioner, who thereupon on the 20 June, 1908, took the case on his own file and forthwith quashed the proceedings, arid the order quashing the proceedings is to the following effect: "I will under the circumstances take the case on to my file and quash the present proceedings which in view of admissions made in the letter, dated the 3 April, 1908, from the Eastern Coal Company Ltd., should not have been taken."