PEAREY LAL Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Piarey Lal, Ram Saran and Sheo Charan praying that an order, dated the 30th of January, 1954 passed by the Sub-Divisional Magistrate in proceedings Under Section 145 of the Code of Criminal Procedure be set aside and that the possession of the applicants be maintained.

(2.) In the courts below one Roshan Lal was also arrayed on the side of the present applicants, and he had been as much affected by the order aforesaid, dated the 30th of January, 1954 as the present applicants. Mr. Ghatak appearing on behalf of the applicants has contended that it was pure over-sight that Roshan Lal was left out from the array of party, but he has argued that the omission of Roshan Lal will not affect the setting aside of the order in question, because the Court in the exercise of its revisional jurisdiction can set aside that order even upon the motion of some of the parties affected by that order, if that order is held to be not in accordance with law. This contention seems to me to be well-founded.

(3.) The facts may be, briefly, stated. An application was made on the 23rd of June, 1952 by Khasa, opposite-party against Piarey Lal, Ram Saran, Sheo Charan and Roshan Lal Under Section 145 Code of Criminal Procedure in respect to two plots of land bearing Nos. 1948 and 1949. Khasa contended that these plots of land had been in his possession some time prior to the 7th of June, 1952; that he had grown sugarcane over plot No. 1948 and Ghia crop over plot No. 1949; that when he had gone away on pilgrimage to a place known as Shukartair, Roshan Lal, Piarey Lal, Ram Saran and Sheo Charan unlawfully took possession of these plots together with the crops standing over the same and they cut away the sucarcane and sold it to the Mills and they also cut away the Ghia crop and over both these plots they grew Chari crop and forbade Khasa from coming anywhere near these plots and threatened him that if he did so, he would be put to death. It would be evident from the petition made Under Section 145 of the Code that Khasa alleged dispossession on a date prior to the 7th of June, 1952. And that allegation was supported by Khasa when he was examined in the lower court. On the 23rd of June, 1952 the S.D.M. called upon the police to inquire and report. The police report was made on the 28th of August, 1952 to the effect that there was an apprehension of breach of the peace. The report was submitted to the Magistrate on the 29th of August, 1952. The preliminary order Under Section 145 was, however, made by the Magistrate on the 15th of September, 1952, and it was to the following effect: