Raghunath Kuer and Others vs Rajkishore Kuer and Others

Jwala Prasad, J.—This is a reference u/s 438 of the Criminal Procedure Code by the Sessions Judge of Shahabad, recommending that the order passed by the Sub-divisional Magistrate of Buxar dated the 19th February, 1924, rejecting the written statement filed by Raghunath Kuer and others in a proceeding u/s 145 of the Criminal Procedure Code be set aside.

I have considered the circumstances of the case and the order of the Sub-divisional Magistrate as well as of the learned Sessions Judge. The order of the Sub-divisional Magistrate seems to overlook the very object of the proceeding u/s 145 of the Code, namely, to put an end to disputes as to possession of Immovable properties so as to prevent a breach of the peace. This object cannot be gained until all the contending parties are on the record and an opportunity is given to them to put1 forward their respective claims. The effect of the order of the Sub-divisional Magistrate is that his decision u/s 145 will not be binding upon the petitioners whose written statement ha has refused to admit.

I agree with the view of the matter taken by the learned Sessions Judge, and as recommended by him I set aside the order of the Sub-divisional Magistrate of Buxar dated the 19th February, 1924, and direct that he do allow the written statement to be filed by Raghunath Kuer and others.