RAM NARAIN Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by Ram Narain against the judgment and order dated 17-1-1974 passed by the learned Sessions Judge, Varanasi.

(2.) BRIEFLY stated, the facts, giving rise to this revision application, are that on 21-7-1973 Bechan Prasad opposite party no. 2 gave an application to the Sub-Divisional Magistrate, Varanasi (south), for proceeding (presumably under Section 107 CrPC) against the revisionist and nineteen others. It was alleged that plot no. 174 (11 decimal) situate In Mauja Naraur, P. S. Rohania District Varanasi, was purchased by him in the names of his sons on 4-12-1970. A suit under Section 229-B of the UP ZA and LR Act was filed against Kunj Behari and others but it was dismissed on 16-9-1972. An appeal filed against it was allowed on 12-6-1973. On 20-7- 1973 Ram Narain and others demolished the boundaries of plot no. 174 and included this land in their own plot and were giving out that if any one came there he would be killed. Hence there was a reasonable apprehension of breach of the peace from the side of Ram Narain and others, and they should be bound down. On this application the learned Sub- Divisional Magistrate concerned ordered an inquiry by the Station Officer of police station Rohania. In pursuance of this order S. I. Asha Ram Tripathi submitted a report on 2-8-1973 to the effect that there was no apprehension of breach of the peace on account of plot no. 174 but the dispute really existed between the parties in respect of a house and it had given rise to breach of the peace. He, therefore, recommended that proceedings under Section 145 CrPC be initiated and the property (house) be attached. After perusing this report the learned Magistrate passed a preliminary order under section 145 (1) of the old CrPC on 4-8-1973 and directed attachment of the house. It was attached on 7-8-1973. There was no attachment of the plot.

(3.) WE have heard learned counsel for both the sides and have given our anxious consideration to the whole matter. The complaint was filed under Section 219 of the Penal Code which reads as follows :- "Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceedings, any report, order, verdict,, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."