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In Re: Lingaraja Misro - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.319
AppellantIn Re: Lingaraja Misro
Excerpt:
criminal procedure code (act v of 1898), section 145, object of - factum of possession--magistrate, whether can refer to other proceedings--interference in revision. - ordercoutts-trotter, j.1. orders under this section (section 145 of the code of criminal procedure) should not, in my opinion, be lightly disturbed. they are made for the purpose of keeping the peace pending the parties' legitimate appeal to the proper civil tribunal. in this case the magistrate who made the order undoubtedly in paragraph 5 of his order, makes reference to other proceedings before himself' which, no doubt, he had better not have concerned states that each party adduced oral evidence in support of their case, and i must assume, until the contrary is shown, that that oral evidence contained evidence on behalf of the counter petitioners that they were in possession of the lands in dispute. i, therefore, dismiss this petition.
Judgment:
ORDER

Coutts-Trotter, J.

1. Orders under this Section (Section 145 of the Code of Criminal Procedure) should not, in my opinion, be lightly disturbed. They are made for the purpose of keeping the peace pending the parties' legitimate appeal to the proper civil tribunal. In this case the Magistrate who made the order undoubtedly in paragraph 5 of his order, makes reference to other proceedings before himself' which, no doubt, he had better not have concerned states that each party adduced oral evidence in support of their case, and I must assume, until the contrary is shown, that that oral evidence contained evidence on behalf of the counter petitioners that they were in possession of the lands in dispute. I, therefore, dismiss this petition.


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