1. This Rule is directed against an order passed by the Deputy Magistrate of Mymen singh u/s 145, Criminal Procedure Code. Though it appears there was no absence of jurisdiction in the initiation of those proceedings, the Magistrate, when he found that there was actually no apprehension of the breach of the peace, was bound to cancel the initial order and stay all further proceedings under clause 5 of Section 145, Criminal Procedure Code. The apprehension of a breach of the peace is the first condition necessary to give the Magistrate jurisdiction under this Section, and if it is found there is no longer any such apprehension the Magistrates jurisdiction ceases. We accordingly make this Rule absolute and set aside the order complained of u/s 145, Criminal Procedure Code.
Muhammad Khandu Sarkar v. Sadak Ali Sheikh And Others
Muhammad Khandu Sarkar v. Sadak Ali Sheikh And Others
(High Court Of Judicature At Calcutta)
CALCUTTA HIGH COURT | 01-03-1923
Advocate List
Bench
- Suhrawardy, J
- Newbould, J
Eq Citations
- AIR 1923 CAL 577
- LQ/CalHC/1923/74
Head Note
Criminal Procedure Code, 1973 — S. 145 — Powers of Magistrate under S. 145 — Continuation of proceedings — When not warranted — When there is no apprehension of breach of peace — Magistrate bound to cancel initial order and stay all further proceedings — Criminal Trial — Powers of Magistrate
