AIR 1925 MADRAS 1252 ::1925 Mad WN 792 ::1925 ILR (49) Mad 232 ::1925 (22) Mad LW 524 ::1925 (49) Mad LJ 784 ::1925 (91) Ind Cas 399

Madras High Court

Hon'ble Judge(s): Krishnan , J

Criminal P.C. (5 of 1898) , S.145— Magistrate can drop proceedings once started if he finds no likelihood of breach of peace - S. 145 (5) does not take away this jurisdiction - After proceedings are dropped no further order can be passed by the Magistrate. Proceedings under S, 145 are not taken in the interests of private parties but for the preservation of the public peace and if the Magistrate is satisfied that the likelihood of the breach of the peace either did not exist or that it has ceased to exist, it is the proper duty of the Magistrate, to drop proceedings under S. 145 and withdraw from interfering with the rights of parties in the property ; Clause (5) of S. 145 provides for a special case where as the Magistrate is proceeding with the trial of the question of possession, the parties to the proceedings or even other persons who are interested are given the right to show that no dispute likely to cause a breach of the peace exists or has existed. The existence of this clause does not take away the power of the Magistrate himself to drop proceedings if he is satisfied that there is no further likelihood of the breach of the peace. But after he drops the proceedings under S. 145 he is junctus officio and has no jurisdiction to pass any further orders in the case e. g., with regard to the delivery of possession of the attached property ....