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Sheo Mangal Singh Vs. ThakuraIn Maharaj Kuar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1949All285; 1949CriLJ473
AppellantSheo Mangal Singh
RespondentThakuraIn Maharaj Kuar
Excerpt:
- - the moveable property was actually attached on 21st july 1947. it was not clearly indicated as to from whose possession the property had been recovered. and, in the second place, even if ha had jurisdiction he relied merely upon the unproved report of the police and there was no opportunity given of producing evidence before the magistrate to show as to the person from whose possession the property had been seized, i have heard the learned counsel and i arn satisfied that the order of the magistrate cannot be allowed to stand. the learned magistrate acted clearly without jurisdiction, in the first place, in ordering attachment of the property......persons, from whom it had been recovered. on 20th october 1947, the learned magistrate perused the-police report and heard the arguments of the-parties, and on 27th october, passed the following order:seen police report. the movoable property under attachment should be released in favour of the widows of thakur jadunath singh. shivamangal singh lives separately and was not in possession.being dissatisfied with this order, shivamangal singh went up to the learned sessions judge complaining that the learned magistrate had na jurisdiction to pass an order of this kind. his application was rejected.2. it has now been urged that the learned magistrate had, in the first place, no jurisdiction to pass any order in respect of the moveable property; and, in the second place, even if ha had.....
Judgment:
ORDER

Chandiramani, J.

1. It would appear that one Thakurain Mahans Kunwar died on 6th July 1947. Two widows of Jadunath Singh, Mt. Mahraj Kuer and Mt. Drupdi Kuer. who are mothers-in. law of Mt. Mahans Kunwar and Shivamangal Singh, olaimed her property. Disputes began immediately after her death on 6th July 1047, and on 17th July 1947 the police of Mustafabad Police Station moved the Magistrate concerned for action under Section 145, Criminal P. C, against be to the parties, that is, Shivamangal Singh and the two widows. On 18th July 1947, the Court ordered attachment of moveable property and also immovable property. The moveable property was actually attached on 21st July 1947. It was not clearly indicated as to from whose possession the property had been recovered. The two widows filed an objection saying that proceedings under S, 145, Criminal P. C., cannot be taken in respect of moveable property, and the proceedings should accordingly be dropped. It was alleged that the moveable property had been seized from their possession. The same objections were made again on 2Srd dugust 1947, when written statements were filed by them. Shivamangal Singh, on the other hand, claimed that the moveable property had been recovered and seized from his possession and he had handed over the keys to the police and the duplicate keys were still with him. The learned Magistrate directed the police to report and explain as to the nature of the moveable property and the person or persons, from whom it had been recovered. On 20th October 1947, the learned Magistrate perused the-police report and heard the arguments of the-parties, and on 27th October, passed the following order:

Seen police report. The movoable property under attachment should be released in favour of the widows of Thakur Jadunath Singh. Shivamangal Singh lives separately and was not in possession.

Being dissatisfied with this order, Shivamangal Singh went up to the learned Sessions Judge complaining that the learned Magistrate had na jurisdiction to pass an order of this kind. His application was rejected.

2. It has now been urged that the learned Magistrate had, in the first place, no jurisdiction to pass any order in respect of the moveable property; and, in the second place, even if ha had jurisdiction he relied merely upon the unproved report of the police and there was no opportunity given of producing evidence before the Magistrate to show as to the person from whose possession the property had been seized, I have heard the learned Counsel and I arn satisfied that the order of the Magistrate cannot be allowed to stand.

3. There is no doubt that action under Section 145, Criminal P. C., can be taken only in res-pect of immovable property. The learned Magistrate acted clearly without jurisdiction, in the first place, in ordering attachment of the property. He had no power strictly speaking to order release of the property under S, 145, Criminal P. C. However, he had power under . 517, Criminal P. C, to pass orders regarding disposal of property which had come into the custody of the Court. It was entirely wrong for the learned Magistrate to rely merely on the police report in holding that the property had been seized from the possession of the widows. He should have given an opportunity to be to the parties to produce evidence in Court as to the person who was in possession of the property. Mere filing of the report was not enough. It ought to hare been proved by the person who made it and that person should have been asked on the subject of possession of the parties.

4. Accordingly, I set aside the order of the learned Magistrate dated 27th october 1947, and direct that the property shall be disposed of after an inquiry has been made according to law, that ig after the parties have been given an op-portunity to produce evidence in support of their claims regarding possession of the move-able property. As Mr, Raghuraj Singh and Mr. Bhagwan Sarup Magistrates have already dealt with the case, it is directed that this ease shall be disposed of by any other Magistrate competent to do the same to whom the learned District Magistrate may transfer the proceedings for disposal. Till the matter is decided the pro-perty will remain under attachment. The proceedings should be expedited.


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