IPPAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pankaj Kumar Tyagi and Smt. Archana Tyagi the learned counsel for the revisionists the learned AGA for the State and Sri Kameshwar Singh, the learned counsel for the O.P. No.2.

(2.) Instant revision has been preferred against order dated 21/12/2000 passed by III Additional Sessions Judge. Muzaffar Nagar in Criminal Revision No. 334 of 2000. Krishna Pal v. Ippan and others whereby the revision was allowed and the order of the Sub-Divisional Magistrate, Shamli district Muzaffar Nagar, dated 25/10/2000 passed in proceeding under Section 145 Cr.P.C. was set aside.

(3.) According to prosecution Case No. 47 of 2000. Ippan and others v. Krishna Pal and others under Section 145 Cr.P.C. village Sota, police station Babri, district Muzaffar Nagar, proceeded in the court of the Sub Divisional Magistrate Shamli. The Sub Divisional Magistrate perused the report dated 25/9/2000 submitted by the Station Officer, police station Babri and the report of the Tehsildar Shamli dated 23/10/2000 and arrived at the conclusion that there was possibility of breach of peace between the parties in respect of Gata No. 909 area 15-9-15 situate in village Sota, therefore, the Sub Divisional Magistrate directed the parties to appear in his court on 18/11/2000 to file written statement and evidence in support of their respective cases.