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Muhammad Khandu Sarkar Vs. Sadak Ali Sheikh and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal577,76Ind.Cas.963
AppellantMuhammad Khandu Sarkar
RespondentSadak Ali Sheikh and ors.
Excerpt:
criminal procedure code (act v of 1898), section 145, proceedings under - breach of peace, apprehension of, absence of--procedure. - .....section 145, criminal procedure code. the apprehension of a breach of the peace is the first condition necessary to give the magistrate jurisdiction under this section, and if it is found there is no longer any such apprehension the magistrate's jurisdiction ceases. we accordingly make this rule absolute and set aside the order complained of under section 145, criminal procedure.....
Judgment:

1. This Rule is directed against an order passed by the Deputy Magistrate of Mymen singh under Section 145, Criminal Procedure Code. Though it appears there was no absence of jurisdiction in the initiation of those proceedings, the Magistrate, when he found that there was actually no apprehension of the breach of the peace, was bound to cancel the initial order and stay all further proceedings under clause 5 of Section 145, Criminal Procedure Code. The apprehension of a breach of the peace is the first condition necessary to give the Magistrate jurisdiction under this Section, and if it is found there is no longer any such apprehension the Magistrate's jurisdiction ceases. We accordingly make this Rule absolute and set aside the order complained of under Section 145, Criminal Procedure Code.


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