RADHA KRISHNA MEHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is a revision by Radha Krishna Mehra to challenge the order dated 2-7-1971 pf the City Magistrate, Varanasi, dropping the proceeding under Section 145 Code of Criminal Procedure on the ground that the dispute relates to partnership property.

(2.) THE material facts of the case are that Radha Krishna Mehra and Moh-kam Chand Mehra were partners of the firm Mehra Silk Mills in, the city of Varanasi. Certain disputes arose between the partners, who it may be mentioned, are brothers and, on 1. 7-12-1970 the son of the applicant, namely. Kali Charan Mehra, lodged a report with the police. The mill had been closed and both the brothers had put in their locks on the gate of the mill. The police, thereupon submitted a report for taking proceedings under Section 145. Cr. P. C. in respect of the property as the dispute was likely to cause a breach of the peace. The City Magistrate passed a preliminary order and attached the Mehra Silk Mills and gave it in the custody of Kashi Nath as Supurdar. The parties were directed to file their written statements and affidavits. But meanwhile the applicant opposed the appointment of the Supurdar as, according to him, Kashi Nath was the man of the opposite parties. The matter eventually came up to the High Court and it was ordered that the Supurdar be replaced. It was thereafter that on the application of Mohkam Chand Mehra, opposite party No. 2. the City Magistrate passed the impugned order holding that the proceedings under Section 145, Cr, P. C. were not maintainable as they related to partnership property. The applicant challenged the order before the Sessions Judge though unsuccessfully. He then moved the present revision before the High Court.

(3.) THE learned single Judge hearing the revision has, on account of conflict in two Single Judge decisions of this Court in Sardar Singh v. State, 1967 All WR (HC) 641 and Ram Shanker Tewari v. State, 1970 Cri LJ 770 (All), referred the revision for hearing by a larger Bench.