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Padmanava Bhattacharyya and ors. Vs. Bidhu Bhusan Das - Court Judgment

LegalCrystal Citation
Subject;Criminal
CourtGuwahati High Court
Decided On
Judge
AppellantPadmanava Bhattacharyya and ors.
RespondentBidhu Bhusan Das
Excerpt:
- - 1. the learned sessions judge has recommended this motion with a view of taking action by this court under section 439, cr. is a poor substitute for proceedings under section 145, cr......pending before him between the same parties.2. i have carefully gone through the report of the learned sessions judge made to this court under section 438, cr.p.c. and other relevant matter on the record.3. section 144, cr.p.c. yields, where a special condition of section 145, cr.p.c. is fulfilled. a magistrate is bound to take action under section 145, cr.p.c. when he finds that there is a real dispute tending to a breach of the peace. in the present case, the dispute between the parties is about possession of the two plots of land, the learned magistrate has, therefore, adopted the right course in taking proceedings under section 145, cr.p.c. which is to settle the dispute permanently as far as criminal court is concerned. proceedings under section 144, cr.p.c. is a poor substitute.....
Judgment:

Lakshmi Narain, J.C.

1. The learned Sessions Judge has recommended this motion with a view of taking action by this Court Under Section 439, Cr.P.C. for quashing the proceedings before the Magistrate in case No. 37 of 1952 Under Section 145, Cr.P.C. when another application Under Section 144, Cr. P. Code has also been pending before him between the same parties.

2. I have carefully gone through the report of the learned Sessions Judge made to this Court Under Section 438, Cr.P.C. and other relevant matter on the record.

3. Section 144, Cr.P.C. yields, where a special condition of Section 145, Cr.P.C. is fulfilled. A Magistrate is bound to take action Under Section 145, Cr.P.C. when he finds that there is a real dispute tending to a breach of the peace. In the present case, the dispute between the parties is about possession of the two plots of land, the learned Magistrate has, therefore, adopted the right course in taking proceedings Under Section 145, Cr.P.C. which is to settle the dispute permanently as far as Criminal Court is concerned. Proceedings Under Section 144, Cr.P.C. is a poor substitute for proceedings Under Section 145, Cr.P.C. which settles the matter once for all as far as Criminal Courts are concerned, as ordinarily no order Under Section 144, remains in force for more than 2 months from the making thereof.

4. I, therefore, find myself unable to accept the recommendation made in the motion by the learned Sessions Judge in this case. It is rejected.


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