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Synopsis

The Supreme Court has declared that a magistrate does not have power under Section 145 of the Criminal Procedure Code to get the revenue records corrected after an inquiry.

A bench of Justices Vikram Nath and Ahsanuddin Amanullah allowed an appeal against the High Court's decision which has set aside the sessions court order which had stayed the magistrate court's order.

The appellant Sanjay Kumar stated that in the instant case, the magistrate under the proceedings under Section 145 of the CrPC constituted a team to make an appropriate local enquiry under Section 148 of the CrPC.

Subsequently, the magistrate proceeded to issue directions to the said team, constituted by the previous order, to get the revenue records including the possession, title documents and also the maps examined and get the same clarified and corrected, if there was any discrepancy, and submit the appropriate report. 

The appellant challenged the order before the sessions court, which granted an interim order, staying the implementation and operation of the order.

However, the Madhya Pradesh High Court set aside the sessions court's order, on a petition filed under Section 482 of the CrPC.

With this, the magistrate's order stood restored and became operative.

In his submission, the appellant's counsel submitted that the magistrate, in proceedings under Section 145 of CrPC, could not have inter-meddled with the revenue records nor could have issued the said directions, as contained in its order.

He further stated that the proceedings for correction of revenue records (Khasra/Maps) lie within the domain of the revenue authorities or the Competent Court under the Madhya Pradesh Land Revenue Code. 

The course open to the magistrate in proceedings, under Section 145 of the CrPC, would have been to keep the properties attached if there was any law and order issue and direct the parties to obtain appropriate relief with regard to the title and also correction of revenue records, if any, but not direct the team, so constituted under Section 148 CrPC to get the said exercise carried out, the counsel said.

Agreeing to the contention, the bench said, "We, accordingly, find the order of the Magistrate to be beyond the scope of proceedings under Section 145 CrPC. We, accordingly, deem it appropriate to allow the appeal, set aside the impugned order of the High Court and as also the order of magistrate".

The court ordered that the proceedings pending before the magistrate will continue to be taken to the logical conclusion in accordance with law. It also disposed of the revision filed before the sessions court.

Case Title: SANJAY KUMAR vs. STATE OF MADHYA PRADESH & ANR.