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Haran Mandal Vs. Mohim Chandra Pramanik - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1910)ILR37Cal285
AppellantHaran Mandal
RespondentMohim Chandra Pramanik
Excerpt:
dispute concerning land - tenant interested in the subject of dispute--addition of the tenant to the proceedings to show that there is no dispute likely to cause a breach of the peace--criminal procedure code (act v of 1898), section 145, clause (5). - .....continued in order that the petitioner may be heard under sub-section (5) of that section. the petitioner swears that he is interested in the land in dispute as a tenant of a part of it. there is nothing to show that this is not the case, although the magistrate considered that his application to be made a party was a mere device on his part, acting as a creature of the second party. the petitioner seems to give reasons for supposing that this may not be true, and we consider that he should be allowed to show that there is no dispute under the fifth paragraph of the section. no one appearing to show cause, we make the rule absolute and order accordingly in terms of the rule.
Judgment:

Stephen and Carnduff, JJ.

1. This is a rule to show cause why an order under Section 145 of the Criminal Procedure Code should not be set aside and the proceedings continued in order that the petitioner may be heard under Sub-section (5) of that section. The petitioner swears that he is interested in the land in dispute as a tenant of a part of it. There is nothing to show that this is not the case, although the Magistrate considered that his application to be made a party was a mere device on his part, acting as a creature of the second party. The petitioner seems to give reasons for supposing that this may not be true, and we consider that he should be allowed to show that there is no dispute under the fifth paragraph of the section. No one appearing to show cause, we make the rule absolute and order accordingly in terms of the rule.


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