KGANESH Vs. KVENKATASWARA IYER

JUDGEMENT

(1.) This revision petition arises from a decision of the learned Special First Class Magistrate, Nanjangud; in Criminal Miscellaneous Case No 4 of 1963. That was a proceeding' under Section 145 Of the Code of Criminal Procedure. The Court below has issued a preliminary order under Section 145(1), Cri.P.C. The legality of this order is Challenged in those proceedings.

(2.) Oh the facts admitted by the respondent herein, his petition under Section 145, Cri.P.C. as well as his verification statement, no case is made out under Section 145, Cri.P.C. Even' according to the respondent the 3rd member of the second party (3rd' petitioner herein) is in actual possession of the properties in dispute. The respondent's grievance is1 that though the third petitioner has taken on lease those properties from him be has now colluded with the first petitioner herein and is likely to attorney to him. In this case, no police report was called for before taking the case on file. On the uncorroborated statement of the rest pendent the Court below was pleased to act under Section 145(1) of the Cri. P. C.

(3.) The two questions that arise for; decision are; (1) Was the learned Magistrate justified in coming to the conclusion that there was any likelihood of breach of the peace on the sole basis of the statement of the respondent who is admittedly an interested party, and (2) On the facts alleged by the respondent, can proceedings under Section 145, Cri.P.C. be taken?