R.C. PATUCK vs FATIMA A. KINDASA & ORS.

The Supreme Court upheld the dismissal of a writ petition challenging the order of the Chief Metropolitan Magistrate under Section 145 of the Code of Criminal Procedure, which found that the petitioner had been out of possession for more than two months prior to the preliminary order. The Court clarified that the petitioner could not invoke the proviso to sub-clause (4) of Section 145 due to her prolonged absence from the property. Consequently, the Court affirmed the High Court's decision, maintaining the status quo regarding possession.