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Judgment
Coutts, J.—This is an application in revision made by the first party against an order of the Sub-Divisional Magistrate of Buxar in a proceeding u/s 145 of the Oode of Criminal Procedure.
The main point urged in support of this application is that the learned Sub-Divisional Magistrate has twice made local inspections and that without making any record of the result of his observations he has used his conversations at the time of his local inspections in the course of his judgment in substitution of and in order to supplement the evidence which has been recorded by him. On reading the judgment of the learned Sub-Divisional Magistrate it is clear that these contentions must succeed. The learned Sub-Divisional Magistrate has clearly used his observations both in substitution of and to supplement the evidence recorded by him. He has in fact turned himself into a witness in the case and, further, he has failed to record the result of his local inspections which would have given both parties a chance of challenging the correctness of his observations.
Another contention has been urged in the case, namely, that the documents of the first party have not been, considered. It is, however, unnecessary to consider this, because on the first contention alone this application must succeed.
The order passed u/s 145, Criminal Procedure Code, is set aside. If there is still any likelihood of a breach of the peace, fresh proceedings should be instituted.