HEMDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS reference by the learned District Magistrate, Jalore arises out of proceedings under Section 145 of the Code of Criminal Procedure.

(2.) ON a report by the Station House Officer, Bagora that a dispute regarding possession over Khasra Nos. 681, 675 and 688 in village Nadia between Party A and Party B was likely to cause a breach of the peace, the learned Sub Divisional Magistrate drew up a preliminary order on 22nd August, 1963. He called upon the parties to file their written statements and to produce evidence in support of their respective claims. Accordingly both parties filed documents and affidavits in support of their claims and the learned Sub Divisional Magistrate on its consideration declared party B in possession of the disputed land and forbade party A from interfering with the possession of party B unless so ordered by a competent court.

(3.) AGGRIEVED by this order Party A filed a revision application in the court of the District Magistrate, Jalore. Two points were urged in that court: 1. that the affidavits submitted by Party B were inadmissible as they were attested by a Third Class Magistrate. 2. that the Sub Divisional Magistrate was in error in deputing the Naib Tehsildar Bhinmal fpr site inspection and to treat his memo of inspection as evidence in the case.