Queen-Empress vs Kuppayyar And Anr. on 25 September, 1894

Madras High Court
Queen-Empress vs Kuppayyar And Anr. on 25 September, 1894
Equivalent citations: (1895) ILR 18 Mad 51
Author: Best
Bench: Best


Best, J.

1. I concur in the opinion expressed in re Gopal Burnawar 3 B.L.R. App. Cr. 13 that an order passed under Section 145 of the Code of Criminal Procedure is binding only on the actual parties to the case in which it was passed.

2. The mere fact of a person being examined as a witness in such a case does not make him a “party ” bound by the order.

3. The inconvenience pointed out by the District Magistrate can be avoided by care being taken to include as parties to proceedings under Section 145 all persons interested in, or claiming a right to, the property in dispute. Cf. Ram Chandra Das v. Monohur Roy I.L.R. 21 Cal. 29.

4. This case is not one calling for interference under Section 438 of the Code of Criminal Procedure.

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