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In Re: Dyawappa Basgunda Patil - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 384 of 1914
Judge
Reported in(1915)17BOMLR382
AppellantIn Re: Dyawappa Basgunda Patil
Excerpt:
.....section 145 of the criminal procedure code, the preliminary order was made. the statements of the parties as required by clause 4 of the section were next put in; but thereafter there was no oral examination of the parties or taking of evidence. the magistrate eventually ordered the applicant not to obstruct, etc. the applicant having applied to the high court:-;dotting aside the order, that the magistrate must complete the proceedings as required by section 145 by hearing the parties, receiving the evidence, if any, etc., and make a proper order either under that section or under section 146 of the code, if a breach of the peace was apprehended. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special..........final order has been made under section 145. the preliminary order was made, the statements of the parties as required by clause 4 of the section were put in, but thereafter there was no oral examination of the parties or taking of evidence. there was no decision as required by clause 6, nor was there a declaration as required by that clause. there was simply an order that a person was 'not to obstruct, etc.' where, as here, all the most essential things that go to the making of the order were absent, i can only say that i regard the order made as not a final order under the section.2. the position, therefore, stands thus: if there is still a danger of a breach of the peace, the magistrate must complete the proceedings as required by section 145 and make a proper order either under that.....
Judgment:

Heaton, J.

1. We have been applied to in this case to interfere in our revisional jurisdiction with what purports to be an order made under Section 145 of the Criminal Procedure Code. The view of the case that I take is that no final order has been made under Section 145. The preliminary order was made, the statements of the parties as required by Clause 4 of the section were put in, but thereafter there was no oral examination of the parties or taking of evidence. There was no decision as required by Clause 6, nor was there a declaration as required by that clause. There was simply an order that a person was 'not to obstruct, etc.' Where, as here, all the most essential things that go to the making of the order were absent, I can only say that I regard the order made as not a final order under the section.

2. The position, therefore, stands thus: if there is still a danger of a breach of the peace, the Magistrate must complete the proceedings as required by Section 145 and make a proper order either under that section or under Section 146. If, however, there is no longer any danger of a breach of the peace, the proceedings may be dropped.

Shah, J.

3. I agree.


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