Lallan Misir And Others v. Ram Richcha

Daniels, J.:— This is a reference by the learned Additional Sessions Judge of Gorakhpur on the ground that an order passed by the magistrate, Chaudhri Mohibullah, directing certain crops to be made over to the opposite party, Ram Richcha Koeri, was passed without jurisdiction and should be set aside. There was originally a proceeding under section 145 of the Code of Criminal Procedure in respect to these crops and the plots on which they grew, between Lallan Misir on the one side and Kanta Kunwar and Jamna Kinwar on the other. That proceeding was commenced before Chaudhri Mohibullah, but he was transferred while it was pending and the final order was passed by another magistrate. This order was to the effect that the magistrate was unable to determine who was in possession of the plots, and he therefore attached the crops under section 146 of the Code of Criminal Procedure. The crops had in the meanwhile been cut and stored by the police to prevent their perishing. Ram Richcha had applied to be made a party during the pendency of these proceedings, but his application was rejected. After the case under section 145 was decided, he made a complaint in respect of these crops before Chaudhri Mohib-ullah, who had by this time returned, under section 427 of the Indian Penal Code. This complaint was dismissed. A previous application claiming the crops and asking the court to pass any proper order was also dismissed by Chaudhri Mohib-ullah on the 26th of February, 1925. Two months later, on the 28th of April, Ram Richcha returned to the charge and put in a fresh application asking for the attached crops to be made over to him. On this the magistrate sent for the record of the case under section 145 and after examining the patwari, but without giving any notice to the parties to the section 145 case, who are the present applicants, passed an order directing the crops to be made over to Ram Richcha. This order was clearly made without jurisdiction. The order passed under section 145 was a final order, and it was not open either to the magistrate who passed it or to his successor to review it, or to set it aside in any way. Ram Richcha's remedy if he claimed the crops, was to go to the civil court. I accept the reference and set aside the order directing the crops to be made over to Ram Richcha. This order will govern both references.