NATHOO DAS Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, has been filed by the petitioner, Nathoo Das, with a prayer for setting aside impugned order of the court of Sub Divisional Magistrate, Nichlaul, Maharajganj, dated 30.7.2018, passed in a proceeding, under Section 145 of Code of Criminal Procedure (Hereinafter, in short, referred to as Cr.P.C.) as well as, order, dated 09.01.2018 of learned Sessions Judge, Maharajganj, passed in Criminal Revision No.43 of 2019.

(2.) Learned counsel for the petitioner argued that the impugned order by the Sub Divisional Magistrate, Nichlaul, District Maharajganj, was passed over an application, moved by Mutur Das, dropping proceeding, under Section 145 of Cr.P.C., whereas, there is every likelihood of breach of peace, but, proceeding, under Section 145 of Cr.P.C., has been dropped.

(3.) This order of Sub Divisional Magistrate, Nichlaul, Maharajganj, was challenged in a Criminal Revision before the Sessions Judge, Maharajganj, as Criminal Revision No.43 of 2019, and it was rejected vide order, dated 9.1.2020.