RAMESH Vs. KISHANDAS

JUDGEMENT

(1.) THE opponent Kishandas filed a complaint in the Court of Additional District Magistrate, Indore, against the two petitioners for proceeding against them under Sec. 145, Cr. P.C. It was alleged in the Complaint that there was a dispute between the parties with respect to a Bidi Shop in House No. S. Nandlalpura, Indore and, that breach of peace was likely to be caused on account of that dispute.

(2.) THE learned Magistrate passed a preliminary order by which he called upon the petitioners to furnish security for Rs. 2,000 and a personal bond of the same amount and directed them to remove their locks and to restore possession to the complainant and further to give an undertaking not to claim the shop outside the Court proceedings. They were also ordered to produce evidence, if any.

(3.) MR . Devandas, learned Counsel for the opponent frankly conceded that the order of the Magistrate cannot be supported and It cannot be construed to be a preliminary order under Sec. 145, Cr.P.C.