AKANDA GOUNDAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) I see no reason whatever to interfere at this stage. I do not think that in modern times there is any need for a Magistrate to state the nostrum that he is satisfied that there is a likelihood of the breach of the peace. Set words do not matter so much in modern courts, as in Anglo-Saxon days of the downright aye, and downright nay, and set words, as in a sankalpam, are not necessary for validity. No doubt, the court must be satisfied, from information of some sort, that a dispute exists likely to cause a breach, of the peace as held in Kamal Kutty Vs. Udaya Varma Raja Valiya Raja of Chirakkal, (1912) M.W.N. 1154 : 36 Mad. 275. But it need not state it in set words. When the Magistrate perused the report of the Police Inspector, stating that there was a likelihood of a breach of the peace, and directed the case to be taken on file under Sec. 145 Crimial P.C. and issued the preliminary order in the prescribed form, there is an irresistible inference that he too was of opinion that there was a likelihood of a breach of the peace. The ruling in Mohesh Sowcar Vs. Narain Bag, (1900) 27 Cal. 981 will not apply to this case, as I. hold that the Magistrate here is proved to have been of the opinion that there was a likelihood of the breach of the peace and so had complied with the terms of Sec. 145 Cr. P.C. The old ruling of the Assistant Judicial, Commissioner, Nagpur, in Emperor Vs. Ganikhan, (1927) 105 I.C. 449, will also therefore not apply.

(2.) The case in Meyyamma Achi Vs. Venkatachala Chettiar, (1951) M.W.N. 71 : Cr. 19(2) relates to the issue of a search warrant where special considerations apply, as a man's premises are immediately searched, with the possibility of breaking open safes etc, without hearing him. It will not apply to Sec. 145, Crimial P.C. involved in this case, where the parties file their statements, even if it is taken, to be wholly correct regarding the matter it was applied to. So, I see no reason to admit this petition. The petitioners can, of coarse, prove in the case that there is really no likelihood of a breach of the peace regarding this land. The petition is dismissed. Petition dismissed.