KESARSINGH Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge in a proceeding arising out of Section 145, C. P. Code.

(2.) THE applicant Kesarsingh made an application against Yashodabai and others under Section 145, C. P. Code on the allegations that he was in possession of fields Khasra Nos. 190, 196, 206, 208, 212 and 282 in Mouza Karjoda. The non -applicant Yashodabai with others was trying to take forcible possession causing immediate breach of the peace. The Magistrate examined the applicant. He also sent for the Police report and on perusal of it came to the conclusion that the dispute that existed between the parties was of a civil nature. At the same time he also held from the police report that there was no apprehension of any breach of the peace and dismissed the application.

(3.) I think the reference has to be accepted. From the perusal of the Magistrate's order it is clear that he has not applied his mind to the facts of the case at all. It is true that the police report was a very relevant document in order to come to the conclusion if there was any likelihood of the breach of the peace, but it cannot be taken at its face value. After holding that there was dispute regarding immovable property it was incumbent on him to apply his mind to the various reports made to the police and not merely be led away by the remark of the police officer that there was no likelihood of the breach of the peace. He has got to form his own independent judgment. Instead it appear he acted automatically on the opinion of the police officer.