GANGADHAR Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Ses. Judge of Mathura recommending that an order passed by a Mag. be modified.

(2.) The aforesaid order was passed in proceedings started under Section 145, Cr. P. C. which were started on an application made by applicant Gangadhar stating that there was dispute about the possession of a piece of land on which a shop was being reconstructed & that the opposite parties were likely to commit a breach of peace. Thereupon enquiry was made from the Station Officer of Baldeo police station & a report was received from him to the effect that there was a likelihood of a breach of peace. When notices were issued to the opposite parties, they put for ward a written statement in which they alleged, inter alia, that there was no likelihood of any breach of peace. The learned Mag. recorded a finding that there was no apprehension of any breach of peace from the side of the opposite parties.

(3.) It is true that there is no specific finding to the effect that there was no apprehension of breach of peace from either side but having regard to the fact that it was not even suggested that there was any apprehension of breach of peace from the side of the applicant and also to the fact that it was denied by the opposite parties that there was any apprehension of breach of peace, we have no doubt that the learned Mag. intended to hold that there was no likelihood of breach of peace. The learned Ses. J. has interpreted the finding of the learned Mag. like that, & we think that he was right in his construction of that finding.