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In Re: Haran Mandal Vs.   - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in6Ind.Cas.545
AppellantIn Re: Haran Mandal
RespondentAndnbsp;
Excerpt:
criminal procedure code (act v of 1898), section 145, clause (5) - person interested in disputed land--should be allowed to show non-existence of dispute. - .....that the petitioner may be heard under sub-section (5) of that section. the petitioner swears that he is interested in the land in dispute as a tenant of a part of the property in dispute. there is nothing to show that this is not the case, although the magistrate considered that his application to be made a party was a mere device on his part acting as a creature of the first party. the petitioner seems to give reasons for supposing that this may not be true, and we consider that he should be allowed to show that there is no dispute under paragraph 5 of the section.2. no one appearing to show cause we make the rule absolute, and order accordingly in terms of the rule.
Judgment:

1. This is a Rule to show cause why an order under Section 145, Criminal Procedure Code, should not be set aside and the proceedings continued in order that the petitioner may be heard under Sub-section (5) of that section. The petitioner swears that he is interested in the land in dispute as a tenant of a part of the property in dispute. There is nothing to show that this is not the case, although the Magistrate considered that his application to be made a party was a mere device on his part acting as a creature of the first party. The petitioner seems to give reasons for supposing that this may not be true, and we consider that he should be allowed to show that there is no dispute under paragraph 5 of the section.

2. No one appearing to show cause we make the Rule absolute, and order accordingly in terms of the Rule.


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