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Mahendra Singh Vs. Musammat Rajpatti - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All99; 65Ind.Cas.861
AppellantMahendra Singh
RespondentMusammat Rajpatti
Excerpt:
criminal procedure code (act v of 1898), sections 145 and 192 - proceedings under section 145, whether can be transferred--'any case' in section 192, interpretation of. - ryves, j.1. this revision arises out of proceedings under section 145 of the code of criminal procedure, the court has some to the conclusion that there in a dispute relating to immovable property which is likely to cause a breach of the peace, and after an exhaustive judgment, has found itself unable to decide which of the two parties is in possession, or rather it has found that both parties have tried to take possession. under these circumstances, it passed an order under section 145, criminal procedure code. under section 435, paragraph 3, this court cannot interfere in revision. one point, however, is taken that the court that passed the order had no jurisdiction. it arises in this way. the sub-divisional officer instituted proceedings under section 145 and transferred them to the.....
Judgment:

Ryves, J.

1. This revision arises out of proceedings under Section 145 of the Code of Criminal Procedure, The Court has some to the conclusion that there in a dispute relating to immovable property which is likely to cause a breach of the peace, and after an exhaustive judgment, has found itself unable to decide which of the two parties is in possession, or rather it has found that both parties have tried to take possession. Under these circumstances, it passed an order under Section 145, Criminal Procedure Code. Under Section 435, paragraph 3, this Court cannot interfere in revision. One point, however, is taken that the Court that passed the order had no jurisdiction. It arises in this way. The Sub-Divisional Officer instituted proceedings under Section 145 and transferred them to the Court which ultimately held the enquiry and passed its order. It is said that the Sub-Divisional Officer had no jurisdiction to transfer the case. Having regard to Section 132, which provides that a Sub-Divisional Magistrate may transfer any case, of which he has taken cognizance, for enquiry or trial to any Magistrate subordinate to him, it gave him authority to transfer this matter. I think the words 'any case' in the section are wide enough to cover an enquiry under Section 145 of the Code, I reject this application.


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