NANDIRAM BORO AND ANR. Vs. CHANDI RAM BORO AND ORS.

JUDGEMENT

(1.) THIS reference has been made by the Sessions Judge, Kamrup, Gauhati, and arises out of a proceeding under Section 145, Criminal Procedure Code (hereinafter referred to as 'the Code').

(2.) IN pursuance of an order passed by the Magistrate under Sub -section (1) of Section 145 of the Code both the parties appeared and filed their written statements and affidavits. Each party claimed possession of the disputed land, The learned Magistrate made a reference to the Civil Court under Section 146 of the Code. The Civil Court returned the reference on the ground Unit the Magistrate had already given a finding on possession. Learned Magistrate then passed an order declaring possession of disputed Dag No. 2 in favour of the first party and Dag No. 47 in favour of the second party.

(3.) IN the result the reference is accepted, the order of the Magistrate is quashed and the learned Magistrate is directed to dispose of the matter in accordance with law. The case shall be disposed of expeditiously.