CourtKutchehry.com
High CourtsSingle Bench(1999) 03 AP CK 0029

Made Nanda Naik vs Mandal Executive Magistrate, Tanakala Mandal and others

Andhra Pradesh High Court · Decided on 4 March 1999 · Citation: (1999) 2 ALD 563 : (1999) 1 ALD(Cri) 629 : (1999) 2 ALT 172 : (1999) 1 APLJ 394 : (1999) CriLJ 3445

HON’BLE JUDGES
Bilal Nazki, J
CASE NUMBER
Criminal P. No. 3234 of 1996

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 350 words
1.

Heard the learned Counsel for the parties. The following order dated 10-6-1996 has been passed by the Mandal Revenue Officer, Tanakallu :

"Notice is hereby issued to Sri Made Nanda Naik and Sri Made Lal Naik, S/o. Badde Naik and Made Nage Naik. M. Kese Naik, residents of Mogilichattla Thanda, Hamlet of Tavalam.

The lands situated in S.Nos.1175-1, 1175-3, 1176, 1179 and 1180 are all pending in OS No.1088 of 1995 on the file of the A.P. High Court. In respect of the said lands, proceedings u/s 145 Cr.PC are cancelled and proceedings u/s 146 Cr.PC are initiating. Violating the said orders u/s 146 Cr.PC it is reported that you are cultivating the said lands. Hence, you are informed that you shall not enter upon the lands situated in S. Nos.1175-1, 1175-3, 1176, 1179 and 1180. For enquiry in the above matter, you are hereby called upon to appear before the MRO Tankakallu, on 17-6-1996 at 11-00."

2.

This order has been challenged in this petition. From bare perusal of the impugned order, it becomes clear that proceedings u/s 145 Cr.PC were pending before the learned Magistrate. By the impugned notice, the MRO dropped proceedings u/s 145 Cr.PC. There is no dispute that once satisfaction is recorded u/s 145(1) Cr.PC at further stage the Magistrate can drop such proceedings. Even he has specific power u/s 145(5) Cr.PC to drop the proceedings if he comes to the conclusion that no dispute exists which could cause breach of peace. On the other hand, Section 146 Cr.PC comes into operation only when there is an order passed u/s 145(1) Cr.PC. The order under sub-section (1) of Section 145 Cr.PC is a pre-requisite for exercising jurisdiction u/s 146 Cr.PC is exercised without there being an order u/s 145(1) Cr.PC by the Magistrate, the order would be clearly without jurisdiction. On his own showing , the Magistrate has dropped the proceedings u/s 145 Cr.P.C. Therefore, there was no question of exercise of power u/s 146 Cr.PC.

3.

For these reasons, the order is manifestly without jurisdiction, which is accordingly quashed and the petition allowed.