Law: Criminal Procedure Code, 1898

Section: S. 145 (3)

(a) Criminal Procedure Code (V of 1898)------   ----- S. 145 (3) Non-compliance with method of service-Does not vitiate pro ceedings in absence of prejudice.   Non-compliance with the method of service provided in subsection (3) of section 145 of the Criminal Procedure Code, 1898 is merely an irregularity, which cannot vitiate the pro ceedings unless it be shown that some one interested has been materially prejudiced by the irregularity in the procedure.   Janu Manjhi v. Maniruddin 8 C W N 590 and Nawab Khajah Sole Mollah Dahadur v. Ishan Chandra Das Sarkar 9 C W N 909 overruled.   Sukh Lal Sheikh v. Tara Chand Ta I L R 33 Cal. 68 rel.   Ahmed Chowdhury v. Parbati Charan Roy I L R 35 Cal. 774 distinguished.   (b) Criminal Procedure Code (V of 1898)-----   -------- Ss. 144 & 145 Conversion of proceedings under S. 144 to one under S. 145 within period for which order under S. 144 was operative-Not illegal.   JUDGMENT   This rule is directed against an order passed under section 146 (1) of the Code of Criminal Procedure, attaching certain lands in regard to which there was a dispute between the 1st party petitioner and the' 2nd party respondents in this Rule.   It appears that the petitioner on the 23rd of October 1956, first, obtained an ex parteorder under section 144 of the Code of Criminal Procedure restraining the respondents herein from entering into plot No. 1633 of Mouza Subhadya, P. S. Keranganj in the District of Dacca. 'The said proceeding was, however, on the 22nd of December 1956, converted into a proceeding under section 145 of the Code of Criminal Procedure, the disputed land was attached, and the President of the Local Union Board was appointed the receiver of the land. The parties to the proceeding were also called upon to file their, written statements by the 21st of January 1957. The parties did so, and they examined witnesses in respect of their respective cases from time to time, and ultimately arguments were heard from the 23rd to the 26th of September 1958. Thereafter, on the 11th of October 1958, the Magistrate concerned delivered an elaborate judgment holding that from tire…