B J LINGEGOWDA Vs. H D GANGAEAJ

JUDGEMENT

(1.) The above criminal petition by the members of the first party is for quashing the preliminary order passed by the Sub-Divisional Magistrate , of Bangalore Sub-Division (to be hereinafter referred to as the Executive Magistrate), in No.Judl.29 of 1971 dt.29-11-1971, passed under S.145(1) of the CrPC. directing the parties to appear before him and put in written statements of their claims as respects the actual possession of the premises situate in Race Couse Road, Bangalore-9, known as MPCC. (O) Office.

(2.) On a report from -the Sub-Inspector of Police, High Grounds Police Station, Bangalore and also a statement made by the said Sub-Inspector before the Executive Magistrate, he was satisfied that the dispute likely to cause breach of the peace existed between the members of the first and the second parties concerning the possession of the aforesaid premises situated in the Race Course Road along with the equipments therein. The learned Executive Magistrate passed the following preliminary order as required under S.145(1) CrPC.:

(3.) The material facts culminating in the passing of the impugned order by the Executive Magistrate are: The members of the first and the second parties belong to two rival groups of the Indian National Congress, The members of the first party belong to MPCC. (O) Group and the members of the second party belong to MPCC(R) group. The premises in question is said to be in the possession of the members of the first party ever since its construction. After the decision of the Supreme Court in what is popularly known as Symbol case between these two rival groups of the Indian National Congress, it is alleged that the members of the second party were resorting to violent methods to take possession of the premises in question. The members of the first party approached the police for protection of their property popularly known as Congress Bhavan in the Race Course Road, Bangalore. The authorities had posted a contingent) of police for protection. It is alleged that in spite of the plolice guard, the members of the second party came in a body to occupy the Congress Bhavan by force armed with lathis, cross-bars and deadly weapons like stones and knives and jumped over the compund wall simultaneously from all sides and approached the main entrance of the building which has a collapsible iron gate and broke open the gate with the help of crow-bars and forced entry into the premises and caused unprecedented Disturbances in the office by thowing files, records and damaged almirahs. It is also alleged that an attempt was made to assault the acting President. The first member of the first party complained to the police authorities as per annexures 'A' 'B' and 'C' in the case. On receipt of these complaints, the SubInspector of Police, High Grounds Police Station, Bangalore, filed a report before the Sub-Divisional Magistrate on 29-11-1971. The learned Executive Magistrate, on a perusal of the report made by the Sub-Inspector of Police passed the impugned order which has been now challenged in this petition.