REHMAN ABDUL AZIZ MEGHANI Vs. KURJIBHAI DAYABHAI PATEL

JUDGEMENT

(1.) THIS application has been preferred against the order dated 10th December,1990 passed by the Additional Sessions Judge, Bombay in Criminal Revision Application No.50 of 1990 setting aside the order of the learned Metropolitan Magistrate dated 18th January, 1990 and remanding the matter to the said court with a direction to proceed with according to law.

(2.) THE learned Metropolitan Magistrate vide his order dated 18th January, 1990 rejected the application filed by Kurjibhai Dayabhai Patel, the Respondent No.1 herein, under section 145 of the Code of Criminal Procedure. Being aggrieved by the said order of the trial Court, Respondent No.1 herein preferred Criminal Revision Application No.50 of 1990 before the Sessions Court, Bombay, and the learned Additional Session Judge, Bombay vide his order dated 10th December, 1990 set aside the judgment and order dated 18th January, 1990 passed by the learned Metropolitan Magistrate and remanded the matter to the said Court for deciding in accordance with law, which is impugned in this application.

(3.) THE existence of a dispute likely to cause a breach of peace is a condition laid at the root of the powers conferred under Section 145 of the Code of Criminal Procedure. In the present case, it seems that no such dispute likely to cause a breach of peace now exists. THE learned Sessions Judge has lost sight of this aspect of the matter, and, therefore, the impugned order deserves to be set aside even on this count.