P. AMUMACHA SARMA Vs. P. MANIMACHA SARMA AND ORS.

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge,. Manipur under Section 438 Cr.P.C. to set aside the order of the Sub -Divisional Magistrate, Phobia, passed in his N.F.I.R. Case 65 of 1965 dated 22.10.1965 attaching certain C. I. Sheets of a "mandov" under Section 145 Cr.P.C.

(2.) THE Sub -Divisional Magistrate, Thoubal, converted a proceeding before him in N.F.I.K. Case 65 of 1965 under Section 107 Cr.P.C. to one under Section 145 Cr.P.C. by his order dated 22.10.1965. He ordered the attachment of the disputed Mandov, its site and certain C.I. sheets of the "mandov" which were previously seized by the Police and kept in the "Jima" till the disposal of the case.

(3.) THE petitioner (first party) has no objection to the conversion of the proceedings under Section 107 Cr.P.C. into those under Section 145 Cr.P.C. But he objects to the attachment of C.I. sheets which were removed on 9.8.1965 from the roof of the "mandov". The sheets were seized by the Police on the same date of 9.8.1965 a few hours after the occurrence on production by the petitioner. The police moved at the instance of the first respondent.