Rash Behari Singh and Others vs Emperor on the Complaint of Jagnarain Rai and Others

On January 13th 1916, Jagnarain Rai and others applied to a Sub-Divisional Magistrate to take action against the present applicants u/s 107 or Section 144 or Section 145 of the Criminal Procedure Code. The application was sent to the Police for enquiry and report and the Police submitted a report on February 6th. Three days later the Sub-Divisional Magistrate struck off the proceedings, declaring the application to be frivolous and vexatious. Jagnarain Rai and others then applied to the District Magistrate for revision of the order of the Sub-Divisional Magistrate and the District Magistrate passed the following order:

The case is remanded to the Sub-Divisional Officer for a proper determination of the question of legal possession u/s 145, Criminal Procedure Code, after hearing the Government Pleader representing the Collector in this matter. The crops must be attached u/s 145(4), Criminal Procedure Code, immediately and kept until the disposal of the case. The Sub-Divisional Officer should issue orders for this at once.

The District Magistrate had no authority to revise the order of the Sub-Divisional Officer in this matter and certainly could not direct him to take action u/s 145 of the Criminal Procedure Code. The present case is not unlike that of Kailash Chandra Pal v. Kunja Behari Poddar 24 C. 391 : 1 C.W.N. 393 : 12 Ind. Dec. 928 We set aside the order of the District Magistrate as set out above. All proceedings taken by the Sub-Divisional Officer under order of the District Magistrate are also set aside.