MOTILAL JIVANBHAI PATEL Vs. JESANGBHAI NAGJIBHAI PATEL

JUDGEMENT

(1.) The present revision application is arising out of the chapter proceeding which were initiated at the instance of the present petitioner against the opponents Nos. 1 to 7. It is alleged that on 18-7-1982 at about 9-00 or 9-30 a.m. the petitioner was sitting on his ota with his two sons and at that time the opponent No. 1 Jesangbhai Nagjibahi Patel came there and gave a threat that he would finish the petitioner and his family. However the petitioner did not give any reply to him and he silently went inside his house. It is also alleged that there were number of chapter cases between the petitioner and the opponents and number of criminal cases have been filed by them. In that view of the matter the petitioner and his family members have apprehension that the opponents Nos. 1 to 7 will cause injury to the petitioner and his family members. It is also alleged that the petitioner is unable to go to his field all alone and therefore he made an application for taking security of the opponents Nos. 1 to 7 for maintaining peace and keeping good behaviour. That application was made on 26-7-1982 before the learned Executive Magistrate Karjan and it was numbered as Chapter Case No. 159 of 1982.

(2.) During the pendency of the said application there was one incident on 2-9-1982. At about 130 p.m. on that day the opponents Nos. 1 and 5 came to the petitioner and they put dent on the mudwall of the house of the petitioner. At that time the opponents Nos. 1 and 5 gave a threat to the petitioner.

(3.) After recording the evidence of the petitioner as well as his two sons Narendra and Kirtikumar as also the statement of the Head Constable the learned Executive Magistrate passed the order for taking personal bonds of Rs. 500.00 each of the opponents Nos. 1 to 7 for not committing breach of peace for the period of six months. The said order was passed on 14-5-1984.