LALA RAM Vs. NATHI LAL

JUDGEMENT

(1.) It would appear that the Magistrate passed a preliminary order in this case on receiving police report dated 21-2-1978. This preliminary order was passed on the subjective satisfaction of the Magistrate that there is an apprehension of breach of peace. Written statement was invited. The entire proceedings continued and were even concluded and the Magistrate has then observed that there is no apprehension of breach of peace, nor there existed any such apprehension on 27-2-1978 or within the period of two months prior to it, hence the application Under Section 145 Cr.P.C. is rejected.

(2.) The applicant went in revision and that order was upheld by the Court of revision also.

(3.) The order is assailed on the ground that the circumstances did not change after the preliminary order was passed and the preliminary order establishes that there did exist an apprehension of breach of peace to the subjective satisfaction of the Magistrate. When such order was passed, the Magistrate, therefore, could not drop the proceedings in the manner it has been done.