Amulya Charan Sarkar and ors. Vs. Amrita Lal Mukherjee - Court Judgment
|Judge||Walmsley and; Greaves, JJ.|
|Appellant||Amulya Charan Sarkar and ors.|
|Respondent||Amrita Lal Mukherjee|
|Cases Referred||Emperor v. Abbas|
criminal procedure code (act v of 1898), sections 109, 145, 439 - magistrate, discretion of--revision--high court, whether will interfere. - walmsley, j.1. so far as i can understand the fasts of this case, it appears to me that, probably, the provisions of section 145, criminal procedure code, offered the magistrate the best means of settling the dispute between the two parties. but in view of the full bench decision in the case of emperor v. abbas 12 ind. cas. 833 : 39 c. 160 : 14 c.l.j. 429 : 16 c.w.n. 83 : 12 cr.l.j. 569, i do not think it is open to this court to say that the magistrate must proceed under section 145 and not under section 107, criminal procedure code. as the magistrate has exercised his discretion i think we are not entitled to interfere. i, therefore, discharge this rule.greaves, j.2. i agree.
1. So far as I can understand the fasts of this case, it appears to me that, probably, the provisions of Section 145, Criminal Procedure Code, offered the Magistrate the best means of settling the dispute between the two parties. But in view of the Full Bench decision in the case of Emperor v. Abbas 12 Ind. Cas. 833 : 39 C. 160 : 14 C.L.J. 429 : 16 C.W.N. 83 : 12 Cr.L.J. 569, I do not think it is open to this Court to say that the Magistrate must proceed under Section 145 and not under Section 107, Criminal Procedure Code. As the Magistrate has exercised his discretion I think we are not entitled to interfere. I, therefore, discharge this Rule.
2. I agree.