WAREPAM LUKHOI SINGH Vs. LEPCHUNG KOM
LAWS(GAU)-1958-4-4
HIGH COURT OF GAUHATI
Decided on April 21,1958

Warepam Lukhoi Singh Appellant
VERSUS
Lepchung Kom Respondents

JUDGEMENT

J.N. Datta, J.C. - (1.)THIS is a reference made by the learned Sessions Judge, Manipur, that the order of Shri Basir Ahamad, M. F. C, passed Order 21 -10 -1957, in Criminal Misc. Case No. 11 Order 1957, a proceeding under Section 145, Criminal P. C., upholding the possession of Lepchung Kom (opposite party in this proceeding) and prohibiting any disturbance of it by Warepam Lukhoi Singh (petitioner in this proceeding) in respect of some land covered by Darabadi Patta No. 7/33 I. E. T., suffers from illegality and want of jurisdiction, and should therefore be set aside.
(2.)IN my opinion, the facts have been mis -appreciated with the result that the law has not been correctly applied, and I am afraid this reference was unnecessary and cannot be accepted.
The facts which emerge on a scrutiny of the record and which I think are correctly stated in the report submitted by the Magistrate were these: Order 3 -6 -1957, Lepchung Kom (Opposite party) filed a complaint under Rules 326 and 447, I. P. C., against Warepam Lukhoi Singh (petitioner) before the District Magistrate, who transferred it to Shri Basir Ahamad for disposal. The Magistrate examined the complainant, and directed a Police enquiry under Section 202, Criminal P. C.

It appears that the Police made an enquiry, and instead of submitting a report to the Magistrate regarding the truth or falsehood of the complaint, they submitted a report or complaint for action under Section 145 of the Criminal P. C., to the

District Magistrate Order 22 -7 -1957. It went to the A. D. M., who transferred it to Shri B. Ahamad for disposal. This report was submitted on the printed form of "Register of Cases in which no First Information is used" and it contained in the remarks column, where the facts were stated, a prayer for action under Section 145, on the ground that a dispute existed between the parties, over this -land, and a breach of the peace was apprehended due to that dispute, It is significant to note, that no reference was made in this complaint as regards the complaint of Lepchung Kom (O. P.) under Rules 326 and 447, which he had filed Order 3 -6 -1957 and which was forwarded to the Police under Section 202 for enquiry and report.

The Magistrate (Shri B. Ahamad) on receipt of the complaint under Section 145, opened an order -sheet and registered that case as Criminal Misc. Case No. 11 Order 1957, which has given rise to this reference. The order sheet is innocent of any reference to the complaint under Rules 326 and 447. After enquiry the learned Magistrate passed the impugned order.

(3.)IT appears that the Police did not make any report on the matter referred to them under Section 202, Criminal P. C., and most probably were content with starting proceedings under Section 145, and the written complaint under Rules 326 and 447. on which the Magistrate had passed the order under Section 202, and which is on the record of the Magistrate tagged with the complaint under Section 145, was returned with it because the Police, as can be reasonably inferred in the circumstances, thought that no action on the complaint of Lepchung Kom was necessary.
In this, the Police were clearly in the wrong and they arrogated to themselves a power, which they did not possess. They were bound to make a report under Section 202, on the truth or falsehood of the complaint under Rules 326 and 447 and if they liked, they could also take separate action under Section 145, but it was not open to the Police to decide that they preferred an action under Section 145, Criminal P. C., only.

By this failure to carry out the order of the Magistrate they rendered themselves liable for contempt of the authority of the Magistrate, and I would have taken suitable action in the matter, but for the fact that these matters are not properly understood in these parts, and the provisions of the C. P. Code were not fully followed in the past, as will be clear from the fact, that the Magistrate also did not insist on a report and took no further action in the matter,

The Magistrates in this territory must make themselves conversant with the provisions of the Criminal P. C., and must see that their orders are duly carried out because without this, there can be no proper administration of justice. I trust that I will have no further occasion to see such weakness on the part of a Magistrate, and such failure on the part of the Police, and this will serve as an eye -opener and warning to all concerned.



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