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HIGH COURT OF PATNA
B. P. Sinha, J.
IMRIT RAI & OTHERS – Petitioner
VERSUS
JAYNAND PD. & OTHERS - Opp.Party
Cr. Rev. No. 2092 of 1969
Decided On : 30th July, 1970
CRIMINAL PROCEDURE CODE - SECTION 145 - REFERENCE TO CIVIL COURT - INCOMPETENT REFERENCE - MAGISTRATE'S JURISDICTION TO RECALL REFERENCE AND DISPOSE OF CASE HIMSELF.
Fact of the Case:
A dispute arose over the possession of 2 bighas, 5 kathas, and 1 dhur of land in village Sheonagar, Champaran district. The first party claimed possession through a registered sale deed from the daughter-in-law of the original owner, while the second party claimed possession through a deed of gift from the original owner's widow and subsequent sale deeds. The Magistrate initially referred the case to the civil court under Section 146(1) of the Code of Criminal Procedure (CrPC) for a finding on possession. However, the civil court found the reference incompetent and returned the records to the Magistrate.
Finding of the Court:
The High Court held that the Magistrate had jurisdiction to recall the incompetent reference and dispose of the case himself. The Court noted that the Magistrate had applied his mind to the facts of the case and was able to come to a decision regarding the question of possession. Therefore, there was no need for him to make a fresh reference to the civil court.
Issues: 1. Whether the Magistrate had jurisdiction to recall the incompetent reference and dispose of the case himself? 2. Whether the Magistrate erred in his consideration of the evidence and documents on record?
Ratio Decidendi: 1. The Magistrate has jurisdiction to recall an incompetent reference made under Section 146(1) of the CrPC and dispose of the case himself. 2. The Magistrate did not err in his consideration of the evidence and documents on record. He carefully dealt with the entire evidence and came to a clear finding about the possession over the disputed land.
Final Decision: The High Court dismissed the revision application.
B.P. Sinha, J.
This application is directed against the final order dated the 5th August, 1969, passed in a proceeding under Section 145 of the Code of Criminal Procedure, declaring possession of the first party Jayanand Prasad and others over the disputed lands.
2. The dispute relates to 2 bighas, 5 kathas and 1 dhur of land situated in village Sheonagar within Police Station Raxaul in the district of Champaran bearing various plot numbers appertaining to Khata no. 122. The disputed lands originally belonged to Ramphal Pandey. Ramphal Pandey had four daughters and a son, namely, Singhasan Panday. His son and three daughters died during his life time. Chandar Kuer, opposite party no.4 is the living daughter of Ramphal Panday, Fuldeo Tewari and Dharandeo Tewari, opposite party nos. 2 and 3 respectively are the sone of Chandar Kuer. Ramphal Panday died in 1940 leaving behind his widow ramjharo Kuer, his daughter-in-law Hazarpati Kuer (widow of Ram Singhasan Panday) and daughter Chandar Kuer and her two sons, Fuldeo Tewari and Dharamdeo Tewari, Ramjharo Kuer also died some time in the year 1957.
3. The case of the first party is that Hazarpati Kuer, daughter-in-law of Ramphal Pandey, also died on 10.6. 1961 leaving behind Chandar Kuer and her two sons, as the only legal heirs of the properties of Ramphal Pandey. It is stated that after the death of Hazarpati Kuer, Chandar Kuer and her two sons inherited the properties and came in possession thereof. On 24.3.1954, Chander Kuer and her two sons sold the disputed lands to Jayanand Prasad, opposite party no. 1, by a registered sale deed for a consideration of Rs.2000/- and put the purchaser in possession thereof. Since then, Jayanand Prasad, opposite party no. 1, has been coming in peaceful possession of the disputed lands.
4. The case of the second party is that after the death of Ramphal Pandey, his widow, Ramjharo Kuer, came in possession of the entire properties. This Ramjharo Kuer executed a deed of gift on 24.10.1940 in favour of her daughter-in-law, Hazarpati Kuer with respect to 2 bighas 5 kathas and 1 dhur of land. She executed a sale deed in favour of her brother, Singhal Rai with respect to the remaining lands, which were left to her after the execution of the deed of gift. Later on Ramjharo Kuer died and Mostt. Hazarpati Kuer remained in possession of the entire gifted lands. In the year 1961 she executed two sale deeds each dated 24.10.1961, one in the name of Imrit Rai and the other in the name of Chandra Mohan Choubey, both of whom ale petitioners in this revision application. On the same date, she also executed a deed of gift in favour of Smt. Phulbadan Devi with respect to a portion of the disputed land. Amri Choudhary petitioner no. 3, is the husband and Rudal Rai, petitioner no, 4 is the father of Phulbadan Devi. It is the case of the second party that since the date of the aforesaid sale deeds and the deed of the gift, members of the second party have been coming in possession over the disputed land.
5. Both the parties filed affidavits and documents in support of their respective claims on a consideration of which the learned Magistrate found possession of the disputed lands with the members of the first party and made a declaration accordingly.
6. Members of the second party has, therefore, filed this revision application.
7. It would appear that on the basis of a police report, originally a proceeding under Section 144 of the Code of Criminal Procedure, was started on 27.3.1955. what proceeding was converted into a proceeding under Section 145 of the Code of Criminal Procedure, on 22.5.1965. The proceeding was amended on 12. 12. 1965. On 12. 7. 1966. Shri B. K. Sinha, Magistrate to whose file the case was transferred referred the case under Section 146 of the Code of Criminal Procedure to the civil court for a finding on the point of possession. Parties were directed to appear before the civil court on 26. 7. 1966. It, however, appears from the record that th
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