9911796707
TMI Blog1942 (8) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Local District Munsiff's Court for establishing his right to the property and praying for an injunction restraining the defendant Board from interfering with his rights. At the same time he filed an application for a temporary injunction restraining the special officer from proceeding with the prosecution of the criminal case. The District Munsiff granted the injunction prayed for; and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Local Board or by some person specially authorised in this behalf. The sentence Nothing herein shall affect the provisions of the Code of Criminal Procedure in regard to the. power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion does not in this case give the Government power to proceed with the prosecution. The Magistr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings from continuing by issuing an injunction to the defendant Board. But even if the District Munsiff had jurisdiction to stay a prosecution in this way, he ought not to have exercised it in this case and interfered with the course of justice in another Court. Even in the case quoted by the learned District Munsiff, it is pointed out that only in extreme cases should a Court interfere with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer cannot disobey that summons. All that the Special Officer has been ordered with regard to the criminal case is not to further prosecute it. That would mean that he may not himself take any active steps in the further prosecution of this case. That does not prevent him from appearing and giving evidence if he is so ordered by the Magistrate. 5. It is said that the special officer at a s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
