SANKHA SAHU Vs. BURA TAKBI
HIGH COURT OF GAUHATI
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M.C.PATHAK, J. -
(1.) THIS petition has been under Section 439 of the Code of Criminal Procedure, 1898.
(2.) THE petitioners as the first party filed an application under Section 145 the Code of Criminal Procedure in the Court of the Magistrate, First Class, Diphu. The learned Magistrate disposed the case by his order dated 27.7.1972 daring possession in favour of the first party Sankha Sahu and others and forbade any disturbances to their possession by the second party. Against the order of the learned Magistrate, an appeal was taken before the Additional Deputy Commissioner, Mikir Hills, by the second party under Rule 20 of the Rules for the Administration of Justice and Police in the Sibsagar and Nowgong Mikir Hills Tracts, which rules apply to the area in question. The learned Additional Deputy Commissioner by this order dated 12.2.1974 set aside the impugned order and remanded the case to the learned Magistrate for disposal of the matter in accordance with and in the light of the observations made therein. Against this order of the learned Additional Deputy Commissioner, the present petition has been filed.
(3.) THE learned Counsel for the opposite parties has raised a preliminary objection to the maintainability of this petition under Section 439 of the Code of Criminal Procedure.
It is common case that the Code of Criminal Procedure does not in terms apply to Mikir Hills from which area this case comes.;
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