MD USMAN MIA Vs. KONTHOUJAM PARIJAT SINGH
LAWS(GAU)-1973-4-1
HIGH COURT OF GAUHATI
Decided on April 25,1973

Md Usman Mia Appellant
VERSUS
Konthoujam Parijat Singh Respondents

JUDGEMENT

BAHARUL ISLAM, J. - (1.) THIS reference has been made by the learned Additional Sessions Judge, Manipur, recommending that the order dated 1.5.1972 passed by the First Class Magistrate, Imphal East, rejecting the second party's application for conversion of certain proceeding under Section 107, Criminal Procedure Code into one under Section 145, Criminal Procedure Code (be quashed, - Ed.).
(2.) THE reference arises out of NFIR Case No. 3 of 1971 in which both the parties filed applications for proceedings under Section 107, Criminal Procedure Code against the other. The learned Magistrate drew up proceedings against both the parties under Section 107, Criminal Procedure Code Both the parties' case was that the apprehended breach of the peace was in regard to the possession of certain plots of land. When the matter was in progress, the second party filed an application before the Magistrate with a prayer for conversion of the proceeding into one under Section 145, Criminal Procedure Code The learned Magistrate rejected the application whereupon the 2nd party moved the Sessions Judge for a reference to this Court.
(3.) SHRI Shyamsunder Singh, learned counsel opposing the reference, submits that the Deputy Commr. exercising his powers under Section 45 of the Manipur Land Revenue and Land Reforms Act of 1960, passed an order finding that the first party was in possession of the land and as such learned counsel submits further enquiry for finding of possession of the land under Section 145, Criminal Procedure Code is not called for and will not be justified. It may be remembered that the order relied on by the learned counsel was passed, as stated earlier, under Section 45 aforesaid by the Deputy Commissioner, in his capacity as a Revenue Officer and not as a Magistrate under any provision of the Code of the Criminal Procedure. The primary purpose of both Sections 107 and 145, Criminal Procedure Code is the prevention of the breach of the peace. But, Section 145, Criminal Procedure Code provides that when there is likelihood of any breach of the peace concerning any land then proceedings are to be drawn under Section 145, Criminal Procedure Code Section 107, Criminal Procedure Code does not provide for decision of any dispute with regard to land in respect to which there is possibility of the breach of the peace. Proceedings under Section 107, Criminal Procedure Code drawn against the parties concerning dispute with regard to land, are in my opinion, an abuse of the process of the Court and the proper procedure is the proceedings under Section 145 of the Code of Criminal Procedure. Therefore, the learned Magistrate committed an error in rejecting the application of the second party praying for conversion of the proceedings into those under Section 145, Criminal Procedure Code;


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