NANKU PRASAD RAM MOORAT GUPTA Vs. RAJNATH SINGH

JUDGEMENT

(1.) THE writ petition arises out of complaint filed under Sec.145 of Cr.P.C. before the learned Metropolitan Magistrate, 30th Court, Kurla, Bombay in Application No.754/N of 1988.

(2.) IT is alleged in the complaint that the respondent was claiming employment in the aforesaid Mill of the Petitioner and the petitioner was not inclined to employ him as a result of which the respondent has trespassed into the property of the Petitioner and broke opened the lock of the door and dispossessed the petitioner. With these allegations, the Petitioner approached the Magistrate. The Magistrate issued notice to the respondent and taken up the task of trying the dispute and ultimately found that the petitioner was wrongfully dispossessed and directed to restore the possession to him. The Antop Hill Police Station was directed to hand over the possession to the petitioner. Against this order, respondent filed Revision Petition before the Addl. Sessions Judge, Greater Bombay. By his order dated 4th/5th October, 1991, the aforesaid order of the Magistrate was set aside and the complaint of the petitioner was dismissed by the Addl. Sessions Judge, Gr. Bombay. Against this order, the petitioner approached this court by way of this writ petition.

(3.) IN the above allegations it is disclosed that Respondent Nos.1 to 3 have committed triable offence under I.P.C. but there is no allegation in the complaint that the said dispute will percolate into one which endanger public peace. In the absence of such averment, I am afraid whether the Magistrate has jurisdiction under Section 145 of Cr.P.C. Mere disclosure of breach of peace in the house or the property of the complainant will not suffice to take action by the Magistrate under section 145 Cr.P.C. Breach of peace occurring in the section will have to be taken to mean the breach of public peace. The very Chapter X of Cr.P.C. deals with public order and tranquility. Therefore, the breach of peace occurring in all sections of the entire Chapter takes the colour from the intention of the legislature which manifests from the title of the Chapter X of the Cr.P.C. In view of this, the entire exercise made by the Magistrate has became futile and has to be declared to be without any jurisdiction. As the order passed by the Magistrate has been set aside by the Revision court on merits, I do not find any reason for interference in this matter.