BEJOY MADHUB CHOWDHURY Vs. CHANDRA NATH CHUCKERBUTTY

JUDGEMENT

(1.) THE case of Sheikh Mansar Ali V/s. Matiullah 12 C.W.N. 896 : 8 Cr.L.J. 202, upon which the learned Vakil for the petitioner relies, was one where the Magistrate had not given sufficient time for regular proceedings to be followed, and the learned Judges; therefore, set aside the order, attaching the subject of dispute, under Section 146, Criminal Procedure Code. A similar order has been passed in the case now before us; but we are of opinion that the Extra Assistant Commissioner of Sunamgunge did give sufficient time to the parties. He drew up proceedings on the 1 September 1908, but the parties did not file written statements and the first party, the petitioners, prayed for a local investigation. That prayer was not acceded to, because, as we find in the explanation now submitted, the disputed land was situated at a distance of two day's journey from Sunatngunge. As neither party adduced any evidence, and an interval of more than two. months had elapsed, the Magistrate on the 7 November passed an order under Section 146 of the Code. We are constrained to say that such an order was not without jurisdiction. We accordingly discharge the rule.