LAWS(BOM)-1974-10-15

V.K. RAO Vs. CHANDAPPA APPA DEVADIGA

Decided On October 17, 1974
V.K. Rao Appellant
V/S
Chandappa Appa Devadiga Respondents

JUDGEMENT

(1.) This case has been referred to this Bench, at the instance of our learned brother Gandhi J. for decision on the following questions: 1. Whether stating the grounds of his being so satisfied in Section 145(7) mean that the Magistrate empowered under the section to pass order must separately give reasons or grounds of being so satisfied of his reading the application and satisfying himself by seeing that the complainant has made statements on solemn affirmation are sufficient to pass a preliminary order?

(2.) WHETHER non -stating of grounds or reasons vitiates the order and/or the subsequent proceedings including the final order under Section 145(6)?

(3.) WHETHER 'a breach of the peace' referred to in Section 145(1) necessarily means 'breach of public peace' or a dispute likely to raise a question of law and Order or an apprehension that the situation endangers use of force or violence resulting into grave and dangerous consequences involving criminal offences regarding persons concerned?