P.C.BOROOAH, J. - (1.) IN this Rule, the petitioner Anil Barui, who is the second party to a proceeding under Section 145 of the Cr. P.C. (hereinafter the Code), being M. P. Case No. 484 of 1979, pending in the Court of Sri S. N. Roy, Sub -Divisional Executive Magistrate, Barrackpore, has impugned the validity of an order dated May 10, 1979 passed by the said Magistrate, drawing up a proceeding under the said section and directing the parties to submit their written statements in support of their respective claims as regards possession and also attaching the subject matter of the dispute viz. a timber shop, under Section 146(1) of the Code and appointing the O.C. Bizpur Police Station as a care -taker of the shop until further orders.
(2.) THIS Rule initially came up for hearing before Monoj Kumar Mukherjee, J, The learned Judge, in view of two conflicting single Bench decisions of this Court, has referred this matter to the Division Bench. By an order dated April 11, 1979 the learned Magistrate called for a further detailed report from the O. C. Bizpur Police Station as it was not clear from the petition submitted by the 1st party, opposite party or from the police report as to which party was in actual physical possession of the disputed shop. On consideration of the second police report the impugned order was passed.
(3.) THE first question that arises for consideration is whether after passing the order attaching the shop under the provisions of Section 146(1) of the Code, the Magistrate became functus officio?;