BHAGWATI DIN TEWARI Vs. U P STATE

JUDGEMENT

(1.) THIS is an appli cation under Section 482 CrPC.

(2.) THE Dy. S. P. II, Jaunpur sub mitted a report dated 13-9-1972 before the S. D. M., Shahganj, and Magistrate 1st class Jaunpur which runs as follows : "I have to report to you that the three colleges in the Samodhpur College Campus, P. S. Sarpataha, Jaunpur, the Intermediate College, the Degree College and the Physical Education Section have become hot beds of intrigue and violence be tween the two rival parties claiming the management. On 5th September there was a clash resulting in one death. While investigation is pending in the offence committed in the clash, the apprehension of further breach of peace continues. It is, therefore, recommended that to avert further breach of peace the three colleges should be attached under Sec. 145 Cr.P.C. immediately."

(3.) BANSH Bahadur Siugh opposite party no. 2 thereafter moved an applica tion on 3-12-1973 before the S.D.M. Shahganj and Magistrate Ist Class Jaun pur under Section 145 Cr, P.C. 1898, in which it was stated that a dispute be tween the parties was still continuing over the possession and management of the Colleges situated in Samodhpur and there was an apprehension of breach of peace and it was prayed that proceed ings under Section 145 CrPC may be initiated and the Colleges be attached and a receiver thereof be appointed.