Kolkata Court October 1883 Judgments

In Re: Obhoy Chnadra Mookerjee

Court: Kolkata

Reported in: (1884)ILR10Cal78

Mitter, J.1. I am of opinion that the basis on which the jurisdiction of Criminal Courts under Section 145 of the Code of Criminal Procedure is founded does not exist in this case.2. Section 145 says that, 'whenever a Magistrate is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists, &c;, &c;,' then a proceeding under this section may be instituted.3. In this case what happened was this: A police report was submitted to the Magistrate on the 8th November 1882, and in that report the police officer stated as his opinion that there was a dispute between the parties to these proceedings relating to a chur, and that in his opinion there was a likelihood of a breach of the peace. This opinion was based upon this ground: The police officer says that if one of the parties would attempt to collect rent forcibly from the ryots, there was a likelihood of a breach of the peace. Upon that, both the parties to these proceedings were called...