MAHADEO Vs. MELA RAM

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Allahabad. The facts leading to the reference are these: On October , 1949 one Mahadeo made an application to the City Magistrate of Allahabad praying that proceedings under Section 145 of the Code of Criminal Procedure, be initiated against Mela Ram, as there was a dispute between them, in respect of certain plots of land; of which he was the sub-tenant on behalf of one Mt. Umrai, and the dispute was likely to cause a breach of the peace. The Magistrate sent the application to the Station Officer, Daraganj police station, for inquiry and report- On the 16th October, 1949, the S.O, submitted a report saying that both the parties laid claim to a bagh and wanted to take possession thereof, and, in such." circumstances, there was a likelihood of a breach of the peace and that the bagh might be attached. On receipt of the police report the learned Magistrate made the following order:

(2.) Mahadeo filed a revision, against the order of the Magistrate dismissing his application, in the court of the Sessions Judge In the opinion of the learned Sessions Judge the order of the Magistrate was "clearly unjustified in the face of the unrebutted police report".

(3.) Accordingly, he has made this reference, and recommended that the order be set aside and the ease be further inquired into.