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Judgment
Lakshmi Narain, J.C.
The learned Sessions Judge has recommended this motion with a view of taking action by this Court u/s 439, Cr.P.C. for quashing the proceedings before the Magistrate in case No. 37 of 1952 u/s 145, Cr.P.C. when another application u/s 144, Cr. P. Code has also been pending before him between the same parties.
I have carefully gone through the report of the learned Sessions Judge made to this Court u/s 438, Cr.P.C. and other relevant matter on the record.
Section 144, Cr.P.C. yields, where a special condition of Section 145, Cr.P.C. is fulfilled. A Magistrate is bound to take action u/s 145, Cr.P.C. when he finds that there is a real dispute tending to a breach of the peace. In the present case, the dispute between the parties is about possession of the two plots of land, the learned Magistrate has, therefore, adopted the right course in taking proceedings u/s 145, Cr.P.C. which is to settle the dispute permanently as far as Criminal Court is concerned. Proceedings u/s 144, Cr.P.C. is a poor substitute for proceedings u/s 145, Cr.P.C. which settles the matter once for all as far as Criminal Courts are concerned, as ordinarily no order u/s 144, remains in force for more than 2 months from the making thereof.
I, therefore, find myself unable to accept the recommendation made in the motion by the learned Sessions Judge in this case. It is rejected.