ALI MAHOMED KHAN Vs. TARAK CHANDRA BANERJI

JUDGEMENT

(1.) This is a case under Section 145, Cr. P.C., in which the Magistrate has placed the first party in possession. The Petitioner obtained a rule from this Court on the Magistrate to show cause why this order should not be set aside, firstly, on the ground that the case had not been transferred to the file of the Magistrate who actually disposed of it; and, secondly, because in dealing with the case the Magistrate did not confine his attention to the question of possession.

(2.) It appears that the case was at one time in the file of the Deputy Magistrate, Babu Lalit Chandra Guha, and was ultimately disposed of by Moulvi Ahmedulla. Babu Lalit Chandra Guha was transferred in the course of the case and the case was taken up by Moulvi, Ahmedulla and it is contended that that officer had no jurisdiction to dispose of it.

(3.) Section 350, Cr. P.C., lays down that whenever any Magistrate ceases to exercise jurisdiction in a part-heard case and is succeeded by another Magistrate, who has and who exercises such jurisdiction, the Magistrate so succeeding may deal with the case.