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1950 Supreme(Cal) 15

DAS GUPTA, LAHIRI
Karunamoy Mukherjee – Appellant
Versus
Kalika Prosad Bhadury – Respondent


Advocates:
Jagannath Gangopadhyay - for Petitioner.
Asoke Chandra Sen - for Opposite Patty.

Judgement

DAS GUPTA, J. :- The proceedings under S. 145, Criminal P.C., which were drawn up on the application of the present petitioner were "dropped" on 23rd December 1949, on an application by the petitioner that there was no longer any likelihood of any apprehension of the breach of the peace over the possession of the property. The question then arose as to the disposal of the sale proceeds of the crops which had been sold by the receiver. The learned Magistrate passed an order for payment of this money which amounted to almost Rs. 2,000 to the second party as he was of opinion that the documents produced before him showed that the second party had title to the crops.

2. An application against this order before the learned Sessions Judge was unsuccessful.

3. We are now asked to interfere with the order passed by learned Magistrate on the ground that he had no jurisdiction to pass such an order. Obviously, unless he could be considered to have exercised jurisdiction under S. 517, Criminal P.C., the learned Magistrate had no jurisdiction to pass an order as regards the disposal of the sale proceeds after the proceedings had been dropped and he had not come to any conclusion as r






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