TOLAN KALITA Vs. BHUBAN CHANDRA
HIGH COURT OF GAUHATI
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RAM LABHAYA, J. -
(1.) THIS is a reference under Section 438, Cr. P.C., from the Sessions Judge, U.A.D, The reference arises out of a proceeding under Section 145 of the Code of Criminal Procedure,
(2.) ON the 20th February 1950, Bhuban Chandra Sarma applied to the Magistrate for redress under Section 145, Cr. P.C. alleging that he had been dispossessed from his land by Tulan Kalita and others and that the dispute was likely to lead to a breach of the peace. The learned Magistrate sent the application to the Police for inquiry and report. The police report was not received till the 6th June 1950. A preliminary order was drawn up on the 21st June 1950. By this order the parties were asked to state their respective cases as provided in Clause (1) of Section 145 of the Cr. P.C.
The learned Magistrate found that Bhuban Chandra Sarma had been dispossessed as alleged and was entitled to possession of the land. His order based on this finding was passed on the 13th December 1950.
(3.) THE learned Sessions Judge has pointed out that the order is in contravention of the express provision contained in Clause (4) of Section 145, Cr. P.C., and is, therefore, liable to reversal. In his view the order was also not sustainable on -facts.;
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