Skip to content


Bitu Rai Vs. Bisheshar Rai and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in5Ind.Cas.128
AppellantBitu Rai
RespondentBisheshar Rai and ors.
Excerpt:
criminal procedure code (act v of 1898), section 145 - procedure. - - the magistrate has clearly not adopted the procedure laid down in chapter xii nor is his action based on any other chapter to be discovered in the criminal procedure code. his final order is, therefore, clearly passed without jurisdiction and i accordingly suit aside. it may be as well to call his attention to form no......for revision of an order purporting to have been passed by a magistrate under section 145 of the criminal procedure code. bisheshar and bhagole applied to the magistrate to take action under that section with reference to certain land and crops standing thereon. the magistrate passed no order such as is contemplated by clause (1) of that section. the only order was that bitau, the opposite party, should be summoned and the complainant should adduce his evidence. on the date fixed the magistrate merely examined the patwari and thereupon passed final orders. the magistrate has clearly not adopted the procedure laid down in chapter xii nor is his action based on any other chapter to be discovered in the criminal procedure code. his final order is, therefore, clearly passed without.....
Judgment:
ORDER

Tudball, J.

1. This is an application for revision of an order purporting to have been passed by a Magistrate under Section 145 of the Criminal Procedure Code. Bisheshar and Bhagole applied to the Magistrate to take action under that section with reference to certain land and crops standing thereon. The Magistrate passed no order such as is contemplated by Clause (1) of that section. The only order was that Bitau, the opposite party, should be summoned and the complainant should adduce his evidence. On the date fixed the Magistrate merely examined the patwari and thereupon passed final orders. The Magistrate has clearly not adopted the procedure laid down in Chapter XII nor is his action based on any other Chapter to be discovered in the Criminal Procedure Code. His final order is, therefore, clearly passed without jurisdiction and I accordingly suit aside. It will, however, be open to the Magistrate if he deems it necessary to take action under Chapter XII of the Code. It may be as well to call his attention to Form No. 22 of Schedule 5 of forms of processes attached to the Code. If this form had been used, as it ought to have been, the Magistrate would not perchance have been led to commit the error apparent on the record.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //