KHUNDRAKPAM THAMBALANGOU SINGH Vs. LAISRAM BEDA SINGH

JUDGEMENT

(1.) This is an application under Section 561-A, Cr.P.C. and Article 227 of the Constitution for quashing the order passed by Shri Ibungoyaima Singh, 1st Class Magistrate, in Criminal Miscellaneous Case No. 2 of 1961 by which he converted the proceeding pending before him under Section 107, Cr.P.C. into a proceeding under Section 145 Cr.P.C.

(2.) The petitioner herein filed a complaint before the said Magistrate under Sections 447 and 506, I.P.C. against the respondent stating that he was in cultivating possession of the land covered by patta No. 39/35-B.T. for the past few years and that on 23-1-1961, the respondent trespassed into the land armed with Dao and began to plough the land and threatened the petitioner with death if he interfered with the cultivation. The complaint was sent for investigation by the Police and the Police reported on 30-1-1961 that there was likelihood of breach of the peace if the respondent was not bound over under Section 107, Cr.P.C. Thereupon the Magistrate took up the case on 1-2-1961 and issued summons to the parties. Then on 2-5-1961, the Magistrate drew up proceedings under Section 107, Cr.P.C. against the respondent and directed him to show cause why he should not be ordered to execute a bond for Rs. 500/-with one surety of like amount for keeping the peace for a period of 6 months.

(3.) In the meantime, the respondent had filed a suit in the Civil Court for declaration of his title and confirmation of possession against his mother and sisters. The petitioner herein is a son of one of the sisters of the respondent and he was also impleaded as a party to the suit.