Law: Criminal Procedure Code (V of 1898)

Section: 145

Criminal Revisions Nos. 704 of 1968 and 309 of 1969, decided on 2nd December 1969. (a) Criminal Procedure Code (V of 1898), S. 145 (1)-Dispute as to possession of immovable property-Initial order passed on basis of police report-Recording of reasons-Not necessary. The basic condition for a proceeding under section 145, Criminal Procedure Code, 1898 is the existence of a dispute between the parties concerning any land. The police report supplies the materials for satisfaction of the Magistrate. The order being based on police report, it is not necessary to record further the grounds of satisfaction for drawing up the proceeding. An imminent danger of breach of peace being present, the proceeding under section 145 (1), Cr. P. C. could rightly be drawn up by the Magistrate. The grievance that the initial order does not contain any reasons has thus no substance. (b) Criminal Procedure Code (V of 1898), S. 145 read with 439-Attachment-Revision - Magistrate attaching disputed roperty-Contention that certain properties included in order could not be attached-Conflicting claims of parties requiring investigation-Cannot be decided in revision against initial order before High Court in absence of legal proof-Such contention to be agitated before Magistrate in main proceedings. Criminal Revision No. 704 of 1968 Md. Azam and S. J. H. Sekandar for Petitioners. Khondakar Mahbubuddin Ahmad with Pathan Shafiqur Rahman for the Opposite-Party No. 2. Akhtaruddin Ahmad with Mohammad Ali for the Opposite Parties Nos. 3 and 4. S. A. Latif and Mohd. A. Aziz for, the Opposite-Party No. 6. Criminal Revision No. 309 of 1969 Akhtaruddin Ahmad for Petitioner. Khondakar Mahbubuddin Ahmad with Pathan Shafiqur Rahman for the Opposite-Party. Date of hearing: 28th November 1969.   JUDGMENT The two rules having been heard together' are disposed of under this judgment, These rules are directed against an initial order dated 9-9-1968 passed by Mr. J. Ahmad, Sub-Divisional Magistrate, Dacca (South) drawing up a proceeding under section 145 (l), Cr. P. C. Che Rule No. 704 of 1968 has been obtained by some of the embers of the third party and the Rule No. 309 of 1969 has been obtained by…