AI Structured Summary
Not yet generated for this judgment
Judgment
6 paragraphs · 121 words
1.
We are clearly of opinion that the Deputy Magistrate acted within his jurisdiction in passing the order complained of u/s 144 of the Code of
Criminal Procedure. Cf. Ramanuja Jeeyarsvami v. Ramanuja Jeeyar ILR 3 Mad. 354.
2.
It was not necessary for him to decide the question as to possession before passing such order and his finding that counter-petitioners were in
possession is merely incidental and in the absence of any necessity in his opinion for the passing of an order u/s 145, we cannot say that the order
passed by him was improper. Moreover, u/s 435 of the Code we have no power to interfere with an order passed with jurisdiction u/s 144.
3.
This petition is dismissed.