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1960 Supreme(MP) 181

H.R.KRISHNAN
Ramibai w/o Madhosingh – Appellant
Versus
Nathu – Respondent


Advocates Appeared:
Khan, Vohra,

JUDGMENT :

( 1. ) THIS is a reference by the learned Sessions Judge Ratlam on an application in revision by the complainant in a case before the first class Magistrate. The case itself ended in acquittal but the applicants grievance is in regard to an order passed subsequently, presumably in exercise of inherent power, for maintaining status quo before the starting of the present case to the effect that the complainant should be removed from the house in dispute and the accused persons allowed to re-occupy it. The case raises several important issues regarding the existence and the extent, of inherent power of subordinate criminal courts, the circumstances in which they can be invoked, and the manner of enquiry necessary before any order under inherent jurisdiction can be passed.

( 2. ) THE relevant facts are that the applicant Ramibai gave first information report to the Police alleging that the non-applicants Nathu and Kalu, who are father and son, and their wives, ail entered her house and, after beating her, turned her out, throwing out whatever properties she had kept there. The Police gave a charge-sheet u/s 452 I. P. C. ; the case ended in acquittal, the Magistrates finding be









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