Smt. Kishori Devi vs Babu Singh and Others

H.N. Kapoor, J.—It was argued that the learned Magistrate passed the order making a reference u/s 146, Criminal P. C. without applying his mind. In support of his contention, reliance was placed on an unreported decision of this Court in Sarjoo Narain v. Laxmi Narain Cri. Revision No. 747 of 1946 (All). From that judgment it is not clear as to what was the actual order passed by the learned Magistrate while making the reference and whether it was just a brief order without even referring to the documents.

In the present case the learned Magistrate has passed a detailed order referring to the various documents and evidence adduced by both the parties and had then stated that he was unable to arrive at a definite conclusion about possession. In my opinion the requirement of Section 146(1), Criminal P. C. has been fully complied with. It was held by a Division Bench of this Court in Chandi Prasad Vs. Chaudhari Chandra Pratap Singh, that the jurisdiction of a Magistrate to refer the question of possession for decision of the Civil Court arises as soon as he is unable to make up his mind as to which of the parties was in possession on the relevant dates, I do not think that the Magistrate is expected to pass a detailed order making his comment on all the evidence produced before him. In that case he himself will be deciding the case rather than referring it to the Civil Court for decision.

There is no force in this revision. It is accordingly dismissed summarily.