Kalikanta Barman and Others vs Rainath Barmon

Thadani, C.J.—This is a reference made by the learned Deputy Commissioner of Goal-para under the provisions of Section 438, Cr.P.C. inviting our attention to certain irregularities In a case filed before the Magistrate, 1st Class, Dhubri, u/s 145, Cr.P.C., It appears that the learned Magistrate, Dhubri, without following the procedure laid down in Section 145, Cr.P.C., permitted the case to be referred to arbitration, by his order dated 6.11.50. The arbitration proved infructuous and on 3.2.51 one of the arbitrators sent a report, and the Magistrate, acting upon this report, proceeded to examine the first party. The 2nd party was apparently absent that day and the learned Magistrate then proceeded to pass an ''ex parte'' order declaring the first party to be in possession.

The learned District Magistrate rightly, points out that in the first place the matter u/s 145, Cr.P.C. could not properly be referred to arbitration, in the second place, when the arbitration proved infructuous the Magistrate was bound to follow the procedure laid down u/s 145, Cr.P.C.

We accept the reference of the Deputy Commissioner, set aside the order passed by the learned Magistrate of Dhubri dated 3.2.51, and direct that the case be disposed of In accordance with law.

Deka, J.

I agree.