PEAREY LAL SETHI Vs. STATE

JUDGEMENT

(1.) This petition has come up in consequence of an order made by the Addl. Sessions Judge, Delhi on the 17th November, 1972 in exercise of the jurisdiction given by section 438 of the Criminal Procedure Code, hereafter called "the Code".

(2.) The circumstances out of which it arises may be noticed. The petitioner and respondent No. 2 Amar Nath Gupta are residing in adjoining properties. On the 21st of June, 1971 a report was submitted by the police that there was a dispute between the petitioner and respondent Amar Nath Gupta in respect of a door pertaining to house No. 1980 in possession of the petitioner which opens towards Bhagirath Palace and that there was imminent apprehension of breach of peace. There was a recommendation in the police report that the door be sealed. On receiving the report, the concerned Sub Divisional Magistrate was to act in accordance with section 145 of the Code. The relevant provisions are sub-sections (1) and (4) of section 145 of the Code, which are:-

(3.) On the 25th June, 1971 having taken into consideration the police-report the Sub-Divisional Magistrate passed a composite order under sub-section (1) of section 145 and the ultimate proviso contained in sub-section (4) thereof. The proviso gave the jurisdiction to the Sub Divisional Magistrate that in case he considered the case one of emergency he may attach the subject matter of the dispute pending his final decision under section 145 of the Code. The afore-mentioned order was passed by the Sub Divisional Magistrate on the 5th day of his receiving the report and in the operative part with which this petition is concerned, he observed:-