RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Rama Singh has filed this application under Section 482, Cr. P. C. challenging the order of the S. D. M. , Chandauli, East Varanasi, dated 28-7-1981 purported to have been passed under Sections 145/146, Cr. P. C. relating to the disputed property.

(2.) SRI N. N. Singh, learned counsel for the applicant, SRI Manoj Prasad, learned counsel for the opposite party and the learned A. G. A. have been heard at length.

(3.) ONCE the same Magistrate had rejected the prayer of the police by a very reasoned order that there was no apprehension of breach of the peace and the parties should await the decree of a competent civil court where the matter is pending, there does not seem to be any justifiable reason on his part to change his view without any material change in the factual and legal basis. Consequently, the subsequent order dated 27-8-1981 was wholly unjusti fied on facts stated above.