Patna High Court
Rash Behari Singh And Ors. vs Emperor On The Complaint Of Jagnarain ... on 5 April, 1916
Equivalent citations: 39IND. CAS.328, AIR 1916 PATNA 132
JUDGMENT
1. On January 13th 1916, Jagnarain Rai and others applied to a Sub-Divisional Magistrate to take action against the present applicants under Section 107 or Section 144 or Section 145 of the Criminal Procedure Code. The application was sent to the Police for enquiry and report and the Police submitted a report on February 6th. Three days later the Sub-Divisional Magistrate struck off the proceedings, declaring the application to be frivolous and vexatious. Jagnarain Rai and others then applied to the District Magistrate for revision of the order of the Sub-Divisional Magistrate and the District Magistrate passed the following order:
The case is remanded to the Sub-Divisional Officer for a proper determination of the question of legal possession under Section 145, Criminal Procedure Code, after hearing the Government Pleader representing the Collector in this matter. The crops must be attached under Section 145 (4), Criminal Procedure Code, immediately and kept until the disposal of the case. The Sub-Divisional Officer should issue orders for this at once.
2. The District Magistrate had no authority to revise the order of the Sub-Divisional Officer in this matter and certainly could not direct him to take action under Section 145 of the Criminal Procedure Code. The present case is not unlike that of Kailash Chandra Pal v. Kunja Behari Poddar 24 C. 391 ; 1 C.W.N. 393 ; 12 Ind. Dec. (N.S.) 928. We set aside the order of the District Magistrate as set out above. All proceedings taken by the Sub-Divisional Officer under order of the District Magistrate are also set aside.