JASWANTSINGH JAWANSINGH Vs. RANCHOD NANDA DHAKAD

JUDGEMENT

(1.) THIS is a criminal reference by the Sessions Judge Dhar under Section 438, Criminal P. C.

(2.) THE non-applicant Ranchod lodged a complaint in the Court of the Sub-Divisional Magistrate, 2nd Class Badnawar against the petitioners on 26-6-1952. It was alleged in the complaint that the petitioners had gone to the complainant's field and had taken forcible possession thereof. It was also alleged that the petitioners are about to commit breach of peace and a prayer was made for taking action against them, under Section 107, Criminal P. C.

(3.) THE learned Magistrate took up the matter for consideration and on 7-6-1952 passed a composite order purporting to be under Section 112 and Section 117 (3) of the Criminal P. C. The petitioners preferred a revision application against this order and the learned Sessions Judge Dhar has made a reference to the High Court with recommendation that the order of the Sub. Divisional Magistrate be set aside,