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Judgment
6 paragraphs · 135 words
Best, J.—I concur in the opinion expressed in re Gopal Burnawar 3 B.L.R. App. Cr. 13 that an order passed u/s 145 of the Code of
Criminal Procedure is binding only on the actual parties to the case in which it was passed.
2.
The mere fact of a person being examined as a witness in such a case does not make him a ""party "" bound by the order.
3.
The inconvenience pointed out by the District Magistrate can be avoided by care being taken to include as parties to proceedings u/s 145 all
persons interested in, or claiming a right to, the property in dispute. Cf. Ram Chandra Das v. Monohur Roy ILR 21 Cal. 29
4.
This case is not one calling for interference u/s 438 of the Code of Criminal Procedure.