S.P.SINGH, S.C.MISRA, K.SAHAI
Raja Singh – Appellant
Versus
Mahendra Singh – Respondent
Misra, J.
1. The question referred to this Bench for determination is as to whether the High Court can interfere in the exercise of its supervisory jurisdictions under Article 227 of the Constitution of India, with the finding of the Civil Court recorded when a dispute, which is the subject matter of a proceeding under Sec.145, Cr. P. C. cannot be decided by the Magistrate before whom it is pending, and it is referred to a civil Court for a finding. Sec.146 of the Code provides that if the Magistrate in such a case is of the opinion that he is unable to decide as to which of the contesting parties was in such possession of the subject of dispute, he may attach it and draw up a statement of the case and forward the record of the proceedings to a civil Court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject matter of dispute on the date of the order. Sub-section (1B) of Sec.146 provides that at the conclusion of the enquiry the civil Court shall transmit its finding together with the record of the proceedings to the Magistrate by whom the reference was made and the Magistrate shall, on receipt thereof, proce
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