CHANDRASEKHAR SINGH & ORS. versus SIYA RAM SINGH & ORS.

CHANDRASEKHAR SINGH & ORS. versus SIYA RAM SINGH & ORS.

The Civil Court’s finding under Section 146(1A/B) of the Code of Criminal Procedure, 1898 regarding possession is final and cannot be subject to appeal, review, or revision under the Code. The Magistrate must act in conformity with this finding, and so long as the Magistrate’s order accords with the Civil Court's finding, the High Court has no jurisdiction to interfere in revision under Sections 435 and 439 CrPC. The High Court’s superintendence power under Article 227 remains but is limited to seeing the subordinate courts act within their authority, not for correcting findings of fact.

Parties
Appellant: Chandrasekhar Singh & Ors.; Respondent: Siya Ram Singh & Ors.
Jurisdiction
India
Judgment Date
26 September 1978
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave Against Order of High Court in Criminal Revision
Outcome
Appeal allowed
Legal Topics
Section 146 Cr PC 1898 Finality of Possession Finding, High Court Revisional Jurisdiction, Article 227 Superintendence, Challenging Civil Court Findings, Powers of Magistrate Under Sections 145, 146 Cr PC
Criminal Law Civil Procedure Constitutional Law Section 146 Cr PC 1898 Finality of Possession Finding High Court Revisional Jurisdiction Article 227 Superintendence Challenging Civil Court Findings Powers of Magistrate Under Sections 145, 146 Cr PC

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Parties

Chandrasekhar Singh & Ors.

Appellant

Siya Ram Singh & Ors.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave Against Order of High Court in Criminal Revision

Legal Issues

  1. 1 Whether the finding of the Civil Court under Section 146(1B) of the 1898 Code is challengeable by appeal, review or revision
  2. 2 Whether the Magistrate’s order in conformity with Civil Court finding can be revised by the High Court under Sections 435 and 439 CrPC
  3. 3 Whether the High Court can interfere under Article 227 of the Constitution with the Magistrate’s order made in conformity with Civil Court finding

Ratio Decidendi

The Civil Court’s finding under Section 146(1A/B) of the Code of Criminal Procedure, 1898 regarding possession is final and cannot be subject to appeal, review, or revision under the Code. The Magistrate must act in conformity with this finding, and so long as the Magistrate’s order accords with the Civil Court's finding, the High Court has no jurisdiction to interfere in revision under Sections 435 and 439 CrPC. The High Court’s superintendence power under Article 227 remains but is limited to seeing the subordinate courts act within their authority, not for correcting findings of fact.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court is set aside
  • Order of the Magistrate is restored