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1974 Supreme(Online)(Gau) 4
GAUHATI HIGH COURT
P.G. Barua, J
Balu Mia v. Matiur Rahman Choudhury
Reference
For the Appellants/Petitioners:
For the Respondents: P.G. Barua
Proceedings under S.145 aim to prevent breaches of peace without the same thoroughness as criminal or civil judgments.
Headnote:This reference concerns a proceeding under S.145 of the Code of Criminal Procedure regarding the retention of possession of disputed land. The learned Magistrate determined that the first party was in possession and disbelieved the second party's claims. The summary procedure aims to prevent breaches of peace, and no appeal lies against such orders, which are not expected to meet the standards of thorough criminal or civil judgments. The reference is rejected for lack of merit, reaffirming the Magistrate's conclusion.
| Table of Content |
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| 1. reference concerning s.145 procedure and possession of land. (Para 1 , 2) |
| 2. court evaluation of magistrate's order regarding breach of peace. (Para 3) |
| 3. conclusion of rejection of the reference. (Para 4) |
1. This reference has been made by the Sessions Judge, Cachar Silchar, and arises out of a proceeding under S.145 of the Code of Criminal Procedure .
The reference has been made on the ground that the learned Magistrate has not referred to all the documents and affidavits filed by the parties and as such, according to the learned Sessions Judge, the impugned order is not warranted by Sub-Section (4) of S.145, Criminal Procedure Code.
2. Shri P.G. Barua, learned counsel appearing in support of the reference leads me through the impugned order passed by the Magistrate. It appears from the order of the Magistrate that after receipt of the initial order the parties appeared; the first party filed its written statements, 11 affidavits and other documents including copy of a decree in a civil suit. The second party also filed its written statement 11 affidavits and some documents. The Magistrate appears to have considered all these documents. He has assessed their value and ultimately came to the conclusion that the first party was in possession of the disputed land. He has disbelieved the case of the second party. So he declared the first party to be in possession of the land.
3. The basic purpose of a proceeding under S.145 is prevention of breach of the peace and the procedure for disposal of the proceeding is summary. No appeal has been provided against an order passed under S.145. On the too of it the party against whom an order is passed has its remedy before a Civil Court. That being the position, it cannot be expected that the order of the Magistrate under S.145. Criminal Procedure Code should be as thorough as a judgement in a criminal prosecution or in a civil suit. In my opinion in the instant case the judgement of the learned Magistrate is well considered and cannot be said that it was not warranted by Sub-Section (4) of S.145. Criminal Procedure Code, as observed by the learned Sessions Judge.
4. In the result this reference has no merit and is rejected.
Reference Rejected.
