Law: Criminal Procedure Code, 1898

Section: S. 145

(On appeal from the order of the High Court of East Pakistan, Dacca, dated the 26th April 1960, in Criminal Revision No. 304 of 1960.   (a) Criminal Procedure Code (V of 1898)----   ---- S. 145-Magistrate in his initial order not, "stating the grounds of his being so satisfied" -Order not necessarily illegal or without jurisdiction.   The initial order of a Magistrate under section 145; Criminal Procedure Code, 1898, read:-   "Seen petitions and reports I am satisfied that there is serious apprehension of breach of. peace and immediate measures are necessary. Start proceedings under section 145, Cr. P. C. The property is attached and o/c Kotwali appointed receiver. Let party file written statements by 24-11-1959."   It was contended that in so far as the order did not state the grounds upon which the Magistrate claimed to have been satisfied as to the likelihood of a breach of peace it was made without jurisdiction and all proceedings taken thereafter were vitiated:   Held : There can be no doubt that Magistrates exercising jurisdiction under section 145 Criminal Procedure Code, 1898 are expected to comply strictly with the provisions of the section but to say that a failure to follow the prescribed mode must in every case render the exercise of the jurisdiction invalid and illegal is too wide a proposition. There is a distinction between the elements which are essential for the foundation of jurisdiction, and the mode in which jurisdiction has to be exercised. The elements necessary for the foundation of jurisdiction under section 145 of the Criminal Procedure Code, 1898 are that the Magistrate must be satisfied-   that a dispute likely to cause breach of the peace exists.   that the dispute refers to land or water or the boundaries thereof, and   that such land or water is situated within the limits of his territorial jurisdiction.   If these elements exist, they are sufficient to vest - the Magistrate with the jurisdiction to make the preliminany order in the mode prescribed therein. If the Magistrate after having acquired jurisdiction does not strictly comply with the other requirements…