YELLAPPACHARI Vs. STATE OF MYSORE

JUDGEMENT

(1.) This petition is directed against the order dt.25-11-1972 passed under S.98 CrPC by the Munsiff-Magislrate, Narasimharajapura, in CR.No.11/ 1972, and it reads thus :

(2.) It is contended by Sri K. T. Mohan, learned Counsel for the petitioner that the impugned order on the face of it is illegal in that it does not satisfy the requirements of S. 98 CrPC and is liable to be set aside. His argument is that the learned Magistrate has passed the said order in haste without holding any enquiry and without satisfying himself whether there was reason to believe that the petitioners had committed theft of the crops and had removed and kept the same in the thrashing floor of A6, and that without entertaining such belief it was not open to him to make such an order and it violates the provisions of S.98 CrPC.

(3.) In my opinion, the contention of Sri Mohan is well founded. Sec.98 CrPC in so far as it is relevant for the present purpose reads as allows :