Guwahati Court December 1984 Judgments

Konjengbam Ibopishak Singh Vs. Ahongsangbam Sanakhomba Singh and ors.

Court: Guwahati

T.N. Singh, J.1. An order passed by the trial Court under Section 145 Cr. P.C has been challenged in this case by the second party, who contested the proceedings in the Court below in his capacity as Chairman of a Collective Farming Co-operative Society.2. This litigation has a long history to which I do not feel disposed to refer in detail. Suffice it to say that its life appears to begin with that of the aforesaid Society which was born in the year 1969-70 when a scramble ensued for securing allotment of a land of a de-reserved fishery. Nevertheless, I must also express my dismay, disappointment and concern for the unabated tendency of the litigants to take resort to the provisions of Section 145 Cr. P.C. and the failure of the Courts below in this state to appreciate the scope of the legal provisions and to respond adequately and appropriately to the situation. I had occasions, and indeed several, when, in dealing with similar applications I noticed this failure and I am reiteratin...