Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 145, 435 & 439---Proceedings initiated in exercise of powers under S.145, Cr.P.C.---Application for quashing of such proceedings under 5.561-A, Cr.P.C.---Competence---Inherent powers of High Court under S.561-A, Cr.P.C. being neither alternative nor additional power, could not be invoked with regard to the proceedings of such nature---Principles. Question in the present case was as to whether a right forum was opted by the applicant to agitate his case and challenge the proceedings initiated in exercise of powers under section 145, Cr.P.C. by invoking the inherent jurisdiction of High Court under section 561-A, Cr.P.C. skipping over the normal remedy of revision in the Court of Sessions Judge available under section 435 read with section 439-A, Cr.P.C. The nature of proceedings under section 145, Cr.P.C. is such that its entire superstructure is based on the order under subsection (1) thereof which is passed by the Magistrate upon his satisfaction from the police report or other information that a dispute likely to cause breach of the peace exists concerning land etc. within local limits of his jurisdiction. Practically, under this subsection, the Magistrate calls upon the parties to attend his Court in person or by pleader and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. Eventually, when the order under subsection (1) is set aside the proceedings stand wiped off completely. It is quite evident that in his revisional jurisdiction under section 435 read with section 439-A, Cr.P.C., the Sessions Judge, after observing due procedure can set aside such an order passed under section 145, Cr.P.C. after satisfying himself as to the correctness, legality or propriety thereof and to the regularity of the proceedings of the Court of Sub-Divisional Magistrate. In consequence of an order passed as aforesaid, the relief sought for by the applicant through the instant proceedings can efficaciously be granted by the Sessions Court to the applicant if his case merits one. There is no legal justification to permit the applicant, with. regard…

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