MOLKHAN Vs. STATE

JUDGEMENT

(1.) One Asa Ram of village Taharpur Bhabisa in police circle Kandhla approached the District Magistrate with an allegation that the applicant and other persons threatened to take forcible possession over his Khudkasht lands by disturbance of peace and prayed that the applicant and other persons may be bound down under a. 107, Criminal P. C.

(2.) The District Magistrate sent for a report from the Tahsildar who, after holding an enquiry made a report supporting the case of the complainant. The District Magistrate then ordered the Station Officer, Kandhla, to take necessary steps against the applicant and other persons under Section 107, Criminal P. C. The police submitted a report to the Sub-Divisional Officer who started proceedings under Section 107 against the applicant. The learned Magistrate being satisfied about the danger of peace issued a preliminary order and notice under Section 112. He also took action under Section 117, Criminal P. C., because in his opinion the case was one of emergency. Then after taking evidence of both sides ho confirmed the preliminary order.

(3.) The applicant's case was that he was a tenant of the plots in dispute on behalf of the complainant on a 'batai' rental from the beginning of 1355F, that he was not at all likely to commit any breach of peace and that, on the other hand, the complainant wanted to eject him by force. The complainant's story was believed and the defence case was disbelieved. The applicant appealed against the order of the Magistrate to the Sessions Judge who dismissed the appeal.