( 1 ) THIS is a reference under Section 438 of the Code of Criminal Procedure by Sri T. P. Mukherjee, Sessions Judge, Jalpaiguri, recommending that the final order passed in a proceeding under Section 145 of the Code of Criminal Procedure be set aside on the ground of defect of parties. Proceedings under Section 145 Cr. P. C. were commenced on the petition of Sukchand Roy who claimed certain land on behalf of his mother-in-law Subasini Debya. The learned Magistrate after a police enquiry was satisfied that there was an apprehension of a breach of the peace and he drew up proceedings under Section 145 Cr. P. C. , and after considering the affidavits and documents filed by the parties under the amended procedure, passed an order in favour of the 1st party holding that Sukchand Roy was in possession of the disputed land on behalf of his mother-in-law and forbidding disturbance of such possession until the 1st party was evicted in the course of law.

( 2 ) THE learned Sessions Judge of Jalpaiguri has made this reference on the ground that the party actually interested was Subasini Debya and she was not made a party; and the learned Judge has held relying on a decision of