LAKHAN SINGH Vs. GIRDHARI

JUDGEMENT

(1.) This a reference by the learned Additional Sessions Judge of Sitapur recommending that an order passed by the Sub -Divisional Magistrate of Sitapur in proceedings under Sec. 145 Cr.P.C. be set aside and the case be sent back to the learned Magistrate for proceeding with it according to law.

(2.) It appears that an application was made under Sec. 145 Cr.P.C. by one Lakhan Singh praying that proceedings be taken against the opposite -party Girdhari as there was a likelihood of a breach of the peace with regard to certain plots of land which were in the occupation and tenancy of the applicant. A police report was then called for and on receipt of it the Magistrate passed an order expressing his satisfaction that there was a likelihood of a breach of the peace. He ordered attachment of the plots and further proceedings followed.

(3.) On the 26th August, 1953, Raghubar, who was not originally a party, made an application purporting; to be under Sec. 145(5) Cr.P.C. In his application dated the 26th August, 1953, Raghubar prayed that there was no apprehension of a breach of the peace regarding the plots as he had been cultivating these plots for a long time and that the proceedings under Section - 145 Cr.P.C. may be terminated. A reference was also made in this application to an earlier application dated the 23rd June, 1953, made by Lakhan Singh himself in which he had admitted that he was not in possession of the plots in dispute and that the opposite party was unwilling to make over possession of the plots to him. On receipt of this application by Raghubar the learned Magistrate ordered that it be put up on the date of hearing. Arguments were then heard on the 30th September, 1953, and in the course of the arguments reliance was placed on the application said to have been made by Lakhan Singh on the 23rd June, 1953. The learned Magistrate then passed an order terminating proceedings under Sec. 145(5) Cr.P.C. as he was satisfied that there was no existence of any likelihood of breach of the peace. The applicant Lakhan Singh then went up in revision to the Sessions Judge who has made the reference which is before me.