(1.) K. Narayan, J. his revision is directed against the order dated 18th Sept. 1990 rendered by Pargana Adhikari, Nainital in Case No. 33 of 84 under Section 145, Cr. P. C. rejecting the application of the first party applicant here for dropping of the proceedings.
(2.) I have heard the learned counsel for the parties and also perused the record of the case. It appears that proceedings under Section 145, Cr. P. C. have been going on ever since 1984 and in 1990 an application was made by the first party conveying that there was no apprehension of breach of peace left and praying that the proceedings be dropped. It appears from the order. that this application was opposed by the second party though no proceedings by way of counter affidavit was filed. Be it whatever it may, the fact remains that the Magistrate came to the conclusion that the proceedings should go on as there was a case under Section 107, Cr. P. C. already pending with him. He does not seem to have gone any further into the matter of enquiry about the existence or otherwise of the apprehension of breach of peace. The applicant here seems to be aggrieved that this quality of the order where definite finding except reference to the proceedings under Section 107, Cr. P. C. has not been rendered the Magistrate. In this Court, the learned counsel for the applicant has also shown me copy of the order dated 22-12-1990 in Case No. 9/89 of 90 under Section 107/116, Cr. P. C. to the effect that those proceedings have also been dismissed as against the present applicant.