2002 ALL MR (Cri) 453 (S.C.)
SUPREME COURT
G.B. PATTANAIK AND U.C. BANERJEE, JJ.
Ugrasena Sahu & Ors. Vs. Khutulu Sahu.
Criminal Appeal No. 280 of 2001,SLP (C ) No. 3793 of 2000
12th March, 2001
Criminal P.C. (1973), Ss.145, 482 - Exercise of inherent powers in proceedings under S.145 - Proceedings disposed of without any finding that there has been no due service of notice after expiry of 11 years - Order passed by trial court holding possession in favour of appellants could have been challenged by filing a civil suit - Exercise of inherent powers was an error in exercise of jurisdiction. (Para 4)
JUDGMENT
2. This appeal is directed against the final order passed by the High Court of Orissa in a Criminal Revision, on an application being filed under Section 482, Cr. P. C. in a proceeding under Section 145, Cr, P. C.
3. On the basis of the materials produced, the Magistrate disposed of the proceedings under Section 145, Cr. P. C. holding that the appellants were in possession of the disputed land on the date of issuance of the preliminary order under sub-section (1) of Section 145, Cr. P. C. Against the said order an application was filed to the Revisional Court but the Revision itself was dismissed and the order of the Magistrate holding the possession of the land in favour of the appellants was affirmed. This order was assailed in the High Court by filing a petition under Section 482, Cr. P. C. The High Court by the impugned order, being of the opinion that the present respondent had not been given opportunity of filing his written statement and adduce evidence in support of his case, set aside the impugned direction and remitted the matter. It is against this order, the present appeal has been preferred.
4. It is contended by the learned counsel appearing for the appellants that the jurisdiction of the High Court under Section 482, Cr. P. C. is required to be exercised sparingly and in a proceeding under Section 145, Cr. P. C. where there is no finding that there has been no due service of notice after expiry of 11 years, it was not appropriate for the High Court to exercise its jurisdiction under Section 482, Cr. P. C. and interfere with the order of the Magistrate, particularly when the remedy lies by filing a civil suit for necessary relief. We find sufficient force in the aforesaid contention of the learned counsel for the appellants. In our view, the High Court erred in law in exercising its jurisdiction under Section 482, Cr. P. C. in interfering with the order of the Magistrate declaring possession in a proceeding under Section 145, Cr. P. C. We accordingly quash the impugned order of the High Court. The appeal is allowed. The order of the Magistrate stands affirmed.