Brij Mohan Lall, J. - (1.) This is a reference under Section 438, Cr. P. C. by the learned Sessions Judge of Bulandshahr recommending that an order passed under Section 145, Cr. P. C. by the learned Section D. M. of Anupshahr be vacated.
(2.) It appears that one Vidya Ram made a petition under Section 145, Cr. P. C., in the court of the Section D. M. Anupshahr. The S. D. M. appears to have been absent from the station and Sri Jagat Narain Beri, an Honorary Special Magistrate, was in-charge of his work. Sri Beri passed the following order, namely: "S. Order Dabai. Please report if there is an appprehension of breach of peace. If so, attach." This order was passed on 23-12-49. The police report is dated 27-12-1949. It states inter alia, that there is an apprehension of a breach of the peace and that attachment has been made. This report was put up before the S. D. M. on 6-2-1950 who wrote out the following order immediately below the report, namely: "Accused to be summoned for 27-2-50." Thereafter, the parties put in appearance and filed written statements of their claims. The S. D. M. was transferred and his successor after recording the evidence came to the conclusion that the opposite party was in actual possession of the disputed land and crop. Thereupon he declared the opposite party to be in possession and forbade interference on the part of Vidya Ram.
(3.) Vidya Ram went up in revision before the learned Sessions Judge and one of the points urged on his behalf was that Sri Jagat Narain Beri was not competent to pass an order in a case which was instituted in the court of S. D. M. Anupshahr. The learned Sessions Judge has repelled this contention and has pointed out that Sri Beri had been placed in charge of the work of S. D. M. Anupshahr and was competent to deal with the case. I agree with the learned Sessions Judge and it is not necessary for me, in view of the finding of fact recorded by him to say anything more on this point.;