Sheikh Mansar Ali vs Matiullah and others

In this case proceedings were instituted under sec. 145, Cr. P.C., and the 2nd March was the day appointed for the hearing. On that day no written statement bad been filed and no evidence was produced. The Magistrate thereupon heard the parties and then, being unable to decide which was in possession, proceeded to attach the land under sec. 146. In our opinion in doing this he refused to exercise his jurisdiction. In the first place he plainly ought to have given more time for regular proceedings to be followed. In the second place, in the absence of information, he might have himself held a local enquiry under sec 148, and in various ways might have informed himself as to the facts of the case. As he had not done so we hold that he has declined jurisdiction, and the rule must be made absolute and the order complained of set aside.