CH. INDER PRASAD AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is an application in revision filed by Chaudhri Inder Prasad and others against an order of the Sessions Judge, Unnao, dismissing an appeal filed in his Court against the order of the Sub -Divisional Magistrate Hasanganj, district Unnao, binding the applicants down under Sec. 107 of the Code of Criminal Procedure.

(2.) It appears that there is a dispute as to immoveable property and that proceedings are going on between the applicants and one Sheo Narain under Sec. 145 Cr.P.C. During the pendency of those proceedings this order has been passed against one of the parties only. The Code of Criminal Procedure permits proceedings under Ss. 145 and 107 simultaneously and no objection can be taken on the ground that when proceedings under Sec. 145 Cr.P.C. are pending no action should have been taken under Sec. 107 Cr.P.C. It is, however, improper that action should be taken under Sec. 107 Cr.C.P. against one of the parties only, because this amounts practically to prejudicing the case under Sec. 145 Cr.P.C. and holding that apprehension of breach of the peace was from one of the parties to that case only. Proceedings should have been taken, if at all against both the parties.

(3.) In the circumstances I set aside the order under Sec. 107, Code of Criminal Procedure passed against the applicants. It will be open, if there is a continued apprehension of a breach of the peace, to the court to proceed against both the parties simultaneously under Sec. 107 of the Code of Criminal Procedure.