Kidwai, J. - (1.) THESE are references made by the learned Sessions Judge of Sultanpur recommending that an order passed by a Magistrate under Sections 145 and 146, Code of Criminal Procedure be quashed and the cases remitted to the Sub -Divisional Magistrate, Sadar, Sultanpur, for proceeding and disposing of them in accordance with law. The facts are that the 28th of June, 1951, was fixed in the case but in pursuance of an order that cases more than three months old should be expedited, an order was passed by the learned Magistrate on the 7th of May, 1951, fixing the 14th of May, 1951 for disposal of the case. Notices were issued to the counsel of the parties and the police report shows that they were served. One of the learned counsel endorsed on the 11th of May, 1951, that he could not contact his client and that he had no papers with him. There is no endorsement by the other counsel, but there is nothing to indicate that the police report of service was wrong.
(2.) ON the date fixed the learned Magistrate, finding that no one was present, proceeded to pass an order stating that there was no evidence to show that there was no apprehension of a breach of the peace and that there was no evidence to show who was in possession on the material date. He consequently directed the attachment to continue under Section 146, Cr.P.C. Jawad Husain and Ram Sanehi Murari went up in revision and the references have been made on their application. When the counsel of the parties had been served it was their duty to appear before the court and inform the court of the circumstances under which they could not produce the evidence called for on the date fixed. In his explanation the learned Magistrate has stated that the parties reside on the outskirts of the city. It should not, therefore, have been difficult for the counsel to inform their clients of the fresh date of hearing. There is no illegality in the order which would call for interference by this Court. The trial court has merely continued the attachment under Section 146, leaving it to the parties to get their dispute settled through the civil court. These proceedings are of a summary nature and it is essential that they should be disposed of as expeditiously as possible. It is always open to a party to proceed through the civil court and get any matter finally settled. The proceedings in the present case have been going on since 19(sic)0 and it is highly undesirable that they should be prolonged. I accordingly reject the reference.;