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Allahabad High Court · body

1905 DIGILAW 67 (ALL)

Bihari Lal v. Chhajju

1905-03-13

KNOX

body1905
JUDGMENT : KNOX, J.:— The learned counsels for both the parties in this case agreed that there is on the record no order in writing, as required by section 145 of the Code of Criminal Procedure, in which the learned Magistrate has, as required by that section, stated the grounds of his being satisfied that a dispute-likely to cause a breach of the peace exists concerning the immoveable property referred to in his order of the 1st of November, 1904, This being the case, I am compelled to hold that the proceedings are not such proceedings as are justified by Chapter XII of the Code of Criminal Procedure. 2. The learned counsels for both the parties are further agreed that there is no other section of the Code of Criminal Procedure under which the procedure taken by the Magistrate could have been taken. I set aside all the proceedings as being entirely without jurisdiction, together with the order passed nominally under section 185 of the Code of Criminal Procedure.