TMI Blog1953 (2) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... posted as a Magistrate in the same district, having officiated as District Magistrate for some time in the early part of March, 1960. On 2nd March, 1,950, one Phundi Singh commenced proceedings under section 145 of the Code of Criminal Procedure in the Court of the Sub-Divisional Magistrate of Jalaun on the allegation that Kedarnath and Matadin were about to cut his standing crop by force and that there was an imminent danger of a breach of the peace. The magistrate issued notices to the parties complained against and ordered attachment of the standing crop. On 4th March, 1950, one Shriram, brother of Kedarnath, filed a counter application before the court making certain allegations against one Thakur Pratap Singh, said to be the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 145, Criminal Procedure Code. But intention is not of importance so far as the question of commission of contempt is concerned. He certainly acted without due circumspection and thought. It must have been clear to him that the application contained expression which affected the due considerations of the points in dispute in the proceeding under section 145, Criminal Procedure Code. He says in his affidavit and we can accept it that he sent this application to the Sub-Divisional Magistrate just for taking action for the protection of opposite parties No. 2 and No. 3 and their crop about which an allegation was made that some action was to be taken by the other party the night following. He should in the circumstances either pass an orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, Jalaun, amounted to commission of contempt of court by opposite party No. 6. The mere fact that he had to take action in view of the allegations against the magistrate in that application would not affect this question. The application contained, as already stated, expressions showing that Phundi Singh was a history sheeter and that the case under section 145, Criminal Procedure Code, was fictitious and was instituted at the instance of Pratap Singh. He should not have transmitted the entire application. He could have necessary extracts which related to the allegations against the magistrate sent to the court concerned in the circumstances when the applicants introduced matter irrelevant for transfer application. It may also be mentione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice. The applications were transmitted to the Sub-Divisional Magistrate in the usual and normal course of the official practice and we cannot subscribe to the view of the High Court that only extracts of these applications should have been sent to him for his views and not the applications as such as they contained material which had a tendency to interfere with the course of justice. The second appellant, when he was officiating as District Magistrate, received the application of Kedarnath and Matadin with a letter of recommendation from the Secretary of the Congress Committee. This application was in the nature of a counter complaint, and the appellant acted properly in sending it to the magistrate who was seised of the original ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... categories. So far as the first appellant is concerned, under the provisions of section 528 of the Code of Criminal Procedure, he had authority to withdraw the case under section 145 of the Code pending in the court of the Sub-Divisional Magistrate. On the application of 22nd March made by Kedarnath and Matadin containing allegations against the Sub-Divisional Magistrate he was entitled to use his powers under that section if the allegations contained therein were substantiated. It is usual to send such applications to the court concerned for its remarks and that is precisely what he did. and as soon as the remarks were received and he was satisfied that the allegations were baseless, he declined to withdraw the case. We have not been ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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