Jagomohan Pal Vs. Ram Kumar Gope - Court Judgment
|Judge||Rampini and ;Gupta, JJ.|
|Respondent||Ram Kumar Gope|
immoveable property, dispute as to - order of magistrate, contents of--breach of the peace--opportunity to produce evidence--sessions judge, power of revision or reference--high court, powers of--code of criminal procedure (act v of 1898), sections 145 and 435, charter act (24 and 25 vict.), c. 104, section 15. - .....of revision or reference.--section 435 (3).3. we have no power to interfere except under the powers of 'superintendence' conferred upon by section 15 of 24 and 25 vict., clause 104.4. there is no provision in the law, which gives the judge power to call for the record in such a case or to advise us, how we are to exercise our powers of superintendence. in the circumstances we are not disposed to interfere.
1. The Magistrate's order should no doubt have set out the grounds on which he was satisfied that a dispute likely to cause a breach of the peace existed. Further, it would have been better, if he had given the 2nd party an opportunity of adducing his evidence.
2. But the proceedings are under Chapter XII of the Code and are, therefore, not proceedings with regard to which the Judge had any powers of revision or reference.--Section 435 (3).
3. We have no power to interfere except under the powers of 'superintendence' conferred upon by Section 15 of 24 and 25 Vict., Clause 104.
4. There is no provision in the law, which gives the Judge power to call for the record in such a case or to advise us, how we are to exercise our powers of superintendence. In the circumstances we are not disposed to interfere.