BRIJ LAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE reference arises out of proceedings Under Section 145 Code of criminal Procedure. The learned Sessions Judge has recommended for the setting aside of the impugned order of the magistrate dt. 15 -5 -1971.

(2.) PUTTU Lal by an application dt. 17 -3 -1970 applied, to the SDM Jalalabad, to initiate proceedings against Brij Lal and others Under Section 145 Code of Criminal Procedure in respect of certain agricultural plots. The magistrate after obtaining the police report passed an order on 1 -4 -1970 Under Sub -section (1) of Section 145 Code of Criminal Procedure.

(3.) AGGRIEVED by the aforesaid order Brij Lal and the two others went up in revision. The main ground was that the magistrate without going into the question of the existence of apprehension of breach of peace and recording a finding thereon, could not proceed to consider the question of possession between the contesting parties and the order of the Magistrate incorporating the finding of the Munsif is illegal. This contention of the learned Counsel found favour with the learned Sessions Judge who has recommended for the setting aside of the impugned order.