MEHER ALI Vs. TULSI CHARAN CHATTERJI

JUDGEMENT

(1.) This Rule is directed against an order quashing certain proceedings under Section 145 of the Criminal P. C. The proceedings have been quashed by the learned Magistrate on the ground that the only rival to the petitioner's claim to possession of the disputed property has not been legally made a party to the said proceedings. The Rule has been opposed by opposite party No. 4 and a report has also been received from the trying Magistrate through the learned District Magistrate of 24-Parganas containing some grounds in support of the order of quashing.

(2.) The relevant facts lie within a short compass and are as follows.

(3.) On April 12, 1951, the petitioner, Sk. Meher AH, applied before the learned Sub-Divisional Magistrate at Alipore for the drawing up of proceedings under Section 145 of the Criminal P. C. against opposite parties Nos. 1 to 3 and others (not specifically named) in respect of the disputed property situate at Behala, upon the allegation 'inter alia' of an apprehension of imminent breach of the peace.