Dr.H.V.Hande Vs. Janaki Ramachandran & Ors.
EmailAppeal: Criminal Appeal Nos.255- 60 of 1988
WITH
Criminal Miscellaneous Petition Nos. 2115-20 of 1988
WITH
Criminal Miscellaneous Petition Nos. 2115-20 of 1988
Petitioner: Dr.H.V.Hande
Respondent: Janaki Ramachandran & Ors.
Apeal: Criminal Appeal Nos.255- 60 of 1988
WITH
Criminal Miscellaneous Petition Nos. 2115-20 of 1988
WITH
Criminal Miscellaneous Petition Nos. 2115-20 of 1988
Judges: G.L.OZA, B.C.RAY & K.JAGANNATHA SHETTY, JJ.
Date of Judgment: May 10, 1988
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1974:
Section 145 – Declaration as to possession of property – The Magistrate having jurisdiction over the area to proceed with the proceedings under section 145 to decide as to which party was in possession on 31-1-1988.
JUDGEMENT:
O R D E R
1. Heard learned counsel for the parties. In the circumstances of the case it appears; that it would be proper that the magistrate having jurisdiction over the area where this property is situated may proceed with the proceedings under section 145 Crl.P.C.and decide as to which party was in possession on 31st January, 1988. The order of the High Court is set aside and the matter is sent back to the magistrate who has passed the order earlier. The learned magistrate shall dispose of these proceedings within two months from today. During this period, in our opinion, it would be proper that Smt.Janaki Ramachandran on her giving an undertaking that she will abide by the orders of the magistrate shall be allowed to continue to hold possession of the property as receiver appointed by order of this Court and she will surrender the possession to the party which is declared to be entitled to possession after completion of proceedings under section 145 Crl.P.C.
2. The appeals are disposed of accordingly.
1. Heard learned counsel for the parties. In the circumstances of the case it appears; that it would be proper that the magistrate having jurisdiction over the area where this property is situated may proceed with the proceedings under section 145 Crl.P.C.and decide as to which party was in possession on 31st January, 1988. The order of the High Court is set aside and the matter is sent back to the magistrate who has passed the order earlier. The learned magistrate shall dispose of these proceedings within two months from today. During this period, in our opinion, it would be proper that Smt.Janaki Ramachandran on her giving an undertaking that she will abide by the orders of the magistrate shall be allowed to continue to hold possession of the property as receiver appointed by order of this Court and she will surrender the possession to the party which is declared to be entitled to possession after completion of proceedings under section 145 Crl.P.C.
2. The appeals are disposed of accordingly.
