TAHAWWAR HUSAIN Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge Farrukhabad, recommending that an order of Sri P. P. Sriyastava, Sub-Divisional Magistrate, Kanauj, dismissing an application under Section 147 of the Code of Criminal Procedure in default be set aside.

(2.) The reference in question has arisen out of a petition made by one Tahawwar Husain under Section 147 of the Code of Criminal Procedure. Tahawaur Husain is a contractor on behalf of the Farrukhabad District Board of the Kusumkhore Ghat ferry on the river Ganges. The limits of the said ferry are specified in the provincial gazette of the year 1883. The district of Farrukhabad is separated from the district of Hardoi on the north by the river Ganges. A new ferry called the Sarhiapur Ghat ferry was established to the east of the Kusumkhore Ghat ferry by notification in the U. P. Gazette dated 16-11-1946 and its limits, too, were specified. A contract in respect of the new ferry was obtained by one Noor Mohammad from the District Board, Hardoi. This Noor Mohammad and another person named Jagannath, who was a partner of Noor Mohammad, figure as second parties in this application.

(3.) The petitioner Tahawwur Husain alleged in his application that the second parties were plying boats within the limits of his ferry thereby encroaching upon his rights. He further alleged that they were interfering with the use of his ferry in such a manner as to practically dispossess him of the said ferry, its landing place and the part of the flowing current within its limits. It was also alleged by him that the second parties were illegally and mischievously stopping passengers from boarding the petitioner's boats, and were threatening to assault the petitioner's boatmen thereby causing a serious apprehension of a breach of the peace.