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Mohesh Sowar and ors. Vs. NaraIn Bag - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1900)ILR27Cal981
AppellantMohesh Sowar and ors.
RespondentNaraIn Bag
Excerpt:
possession, order of criminal court as to - order instituting proceedings tinder section 145 of the code of criminal procedure (act v of 1895)--contents of such order--irregularity in order, making proceedings without jurisdiction. - .....order which in all respects satisfies the requirements of the law. it is absolutely necessary, as has been held by this court, that the written order should be correct and complete in its terms. the proceedings must, therefore, be set aside as without jurisdiction.
Judgment:

Prinsep, J.

1. Section 145, Code of Criminal Procedure, requires that in order to institute proceedings thereunder, the Magistrate shall make an order in writing stating the grounds of his being satisfied that a dispute likely to cause a breach of the peace exists concerning land, &c;, and it also requires that before he makes such an order, the Magistrate should be so satisfied from a Police report or other information. The matter has been so frequently before this Court in reported cases that we are much surprised to find that errors are still constantly committed which have the effect of rendering null and void proceedings taken which have occupied Magistrates for several days, and have otherwise been conducted with care. It has been frequently held by, this Court in reported cases that unless a Magistrate complies strictly with the terms of Section 145 by stating in his written order all the particulars necessary to enable him to act under that section, his proceedings are. without jurisdiction. It is not sufficient, as contended by the learned Counsel before us, that the Magistrate should have before him a Police report of this description, and that he should have given orders thereon, that a written order be drawn up within the terms of Section 145. It is his duty to draw up or have drawn up an order which in all respects satisfies the requirements of the law. It is absolutely necessary, as has been held by this Court, that the written order should be correct and complete in its terms. The proceedings must, therefore, be set aside as without jurisdiction.


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