DHANNOO Vs. PATRAM AND OTHERS

JUDGEMENT

(1.) THIS is a reference made by Shri Sushil Kumar, II Civil and Sessions Judge, Bulandshahr, by his order dt. 1 -5 -1972 by which he has recommended the order of the learned Magistrate dropping the proceedings and directing release of the property in favour of Gaon Samaj to be quashed. The reference has been made in the following circumstances:

(2.) BOTH the first party as well as the second party have challenged the order of the Court below before me. The contention of Dhannoo, first party, before me is that the learned Magistrate erred in dropping the proceeding' Under Section 145 Code of Criminal Procedure and in any case the plots attached should have been released in his favour. The contention of Patiram and others, second party, is that the proceedings were rightly dropped by the learned Magistrate when he realised that the apprehension of breach of peace no longer existed. It was also contended that the property was attached from the possession of the second party and should have been released in their favour.

(3.) AFTER hearing the counsel of the parties as well as the Govt. Advocate on behalf of the State I have come to the conclusion that the learned Magistrate erred in dropping the proceedings and the reference should be accepted.