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Abdul Rauf and anr. Vs. RahomuddIn Bhuia - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in4Ind.Cas.328
AppellantAbdul Rauf and anr.
RespondentRahomuddIn Bhuia
Excerpt:
criminal procedure code act (v of 1898), section 145 - adjournment of proceedings sine die--not legal. - .....of the magistrate, dated the 3rd april 1907, postponing the proceedings under section 145 of the code of criminal procedure sine die and at the same time retaining the property covered by those proceedings under attachment, is an order which he certainly had no jurisdiction to pass. the reasons given in the order itself for passing it are not, in our opinion, tenable. there is nothing whatever to show that the estate or area in which the land in dispute is situated is now under settlement by the revenue authorities under the provisions of regulation vii of 1822, and even if it had been, the deputy magistrate does not appear to have followed the instructions contained in section 34 of that regulation. we hold that the reasons given for postponing the proceedings under section 145 of the.....
Judgment:

1. We have heard the learned Vakil in support of this rule and nobody appearing to oppose it, we think it must be made absolute.

2. The order of the Magistrate, dated the 3rd April 1907, postponing the proceedings under Section 145 of the Code of Criminal Procedure sine die and at the same time retaining the property covered by those proceedings under attachment, is an order which he certainly had no jurisdiction to pass. The reasons given in the order itself for passing it are not, in our opinion, tenable. There is nothing whatever to show that the estate or area in which the land in dispute is situated is now under settlement by the revenue authorities under the provisions of Regulation VII of 1822, and even if it had been, the Deputy Magistrate does not appear to have followed the instructions contained in Section 34 of that Regulation. We hold that the reasons given for postponing the proceedings under Section 145 of the Code of Criminal Procedure sine die are bad in law. We, therefore, make the rule absolute, set aside the order of the Magistrate and direct him to proceed under Section 145 of the Code of Criminal Procedure and conclude the proceedings according to law.


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