AUTAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Autar Singh and Sewan Singh against an order dated 26-2-1952, passed by the learned Sessions Judge of Dehra Dun in proceedings under Section 197, Criminal P. C.

(2.) THE case started on the complaint cf one Ringhna. He alleged in the complaint that he was a tenant of certain plots of land in village Archadea Grant; that on 25-7-1949, he had borrowed a certain sum of money from one Bakshi Amar Nath and had given the land to him for three years ending with Rabi 1358 Fasli; that on 9-5-1951, he had repaid the entire loan and Bakshi Amar nath had put him back into possession of the land, and that when, he wanted to cultivate the land the applicants objected and became ready to use force. The complaint was filed before the Sub-Divisional Magistrate, Dehra Dun, who called for a police report. The Station Officer, Kotwali, reported that there was a dispute between Ringhna on one side and the applicants on the other and there was a likelihood of the breach of peace. He recommended that action be taken under Section 145, Criminal P. C. On that report the sub-Divisional Magistrate ordered that as there was a likelihood of a breach of peace, the land be attached. He directed the parties to file their written statements in the court of the City Bench of Magistrates, First Class, and transferred the file to that court for disposal.

(3.) IN that court a question arose as to whether proceedings were to be taken under Section 145 or under Section 107, Criminal P. C. The learned Bench of Magistrates, after hearing counsel for the parties, decided on 16-8-1951 that they should procesd under Section 107, Criminal P. C. and not under Section 145. Notice under Section 107 was, therefore, issued and read out to both the applicants and they were required to furnish personal bonds for Rs. 2000/-together with two sureties for Rs. 1000/- each. That order was confirmed after evidence had been gone into.