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Autar Kurmi Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All107; 24Ind.Cas.160
AppellantAutar Kurmi
RespondentEmperor
Cases ReferredDan Pershad v. Ganesh Pandey
Excerpt:
criminal procedure code (act v of 1898), section 145(1) jurisdiction - order under section 145, provision of clause (1) not complied, effect of. - - ' the magistrate did not, as required by section 145(1), record an order in writing stating the grounds of his being satisfied that a dispute likely to cause a breach of the peace existed concerning any land, etc. i accordingly allow the application and set aside the order complained of......of an order which a magistrate of the 1st class purported to make under section 145 of the code of criminal procedure. the ground of the application is that the magistrate did not comply with the requirements of clause (1) of section 145, and had, consequently, no jurisdiction to proceed under that section. it appears that a telegram had been sent to the magistrate of the district by raghbir singh, complaining of action which he apprehended would be taken by the applicant and which might lead to a breach of the peace. a police inquiry was ordered and proceedings were commenced under section 107 of the code. the applicant filed a written statement and thereupon the magistrate, before whom the case under section 107 was, made an order in the following terms : on looking at this.....
Judgment:
ORDER

P.C. Banerji, J.

1. This is an application for the revision of an order which a Magistrate of the 1st class purported to make under Section 145 of the Code of Criminal Procedure. The ground of the application is that the Magistrate did not comply with the requirements of Clause (1) of Section 145, and had, consequently, no jurisdiction to proceed under that section. It appears that a telegram had been sent to the Magistrate of the District by Raghbir Singh, complaining of action which he apprehended would be taken by the applicant and which might lead to a breach of the peace. A Police inquiry was ordered and proceedings were commenced under Section 107 of the Code. The applicant filed a written statement and thereupon the Magistrate, before whom the case under Section 107 was, made an order in the following terms : On looking at this case it appears that it is a case under Section 145 of the Code of Criminal Procedure and not under Section 107. Therefore, it is ordered that the 23rd of October be fixed. The parties do file written statements as to possession.' The Magistrate did not, as required by Section 145(1), record an order in writing stating the grounds of his being satisfied that a dispute likely to cause a breach of the peace existed concerning any land, etc., within his jurisdiction. He did not also cause a copy of the order to be served upon the person or persons who were interested in the matter, nor order a copy to be published by being affixed to some conspicuous place, at or near the subject of the dispute, as required by Clause (3) of the section. It has been held in this Court that these are conditions precedent to a Magistrate taking proceedings under the section and if the Magistrate omitted to comply with these conditions, he had no jurisdiction to make an order trader the section. I may refer to the decision of Stanley, C. J., in Criminal Reference No. 189 of 1903, reported at the foot note at page 92 of, Volume IV of the Allahabad Law Journal Reports, also to the case of Mahadeo Kunwar v . Bisu 25 A. 537 : A.W.N. (1903) 102 and to the recent case of Dan Pershad v. Ganesh Pandey 20 Ind. Cas. 751 : 11 A.L.J. 696 : 14 Cr.L.J. 495 : 36 A. 19. In view of these rulings I must hold that as the Magistrate omitted to comply with the requirements of Section 145, the order passed by him was without jurisdiction and illegal. I accordingly allow the application and set aside the order complained of. This decision is without prejudice to any further action which it may be deemed advisable to take under the section.


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