BOHRAY JUGUL KISHORE Vs. EMPEROR

JUDGEMENT

(1.) In this case a notice by a Magistrate was issued under Section 133, Criminal P.C., to one Jugal Kishore as trustee or manager of a temple to remove a certain alleged encroachment over a public drain. He applied in revision to the Sessions Judge but his application was rejected. He applied again in further revision to this Court, and an order staying the carrying out of the order was issued by this Court. Meanwhile Jugul Kishore died. The case was postponed by this Court in order to find out for certain that the trustee was dead and also to enable Dr. Vaish, who was the counsel of the deceased trustee, to find out the wishes of his successor- in-office.

(2.) Dr. Vaish appears today and says it is a fact that Jugul Kishore is dead. He asks for postponement for the purposes of ascertaining the wishes of the successor-in-office as that successor has promised to come to Court today but has not yet come.

(3.) In my opinion this application in revision may be dismissed as no longer required. An order under Section 133, Criminal P.C., and any order under the subsequent sections is an order against a particular individual. When that individual dies, the order must be considered spent. If the Notified Area Committee find it necessary to issue another order against his successor-in- interest, they must take separate proceedings.