TRILOCHAN DAS Vs. BHASKAR PARIDA AND 8 ORS.

JUDGEMENT

(1.) BOTH these revisions were taken up together for bearing, as proposed by the counsel appearing for both the parties; one set of argument was advanced in both the revisions; so both these cases are disposed of by this common judgment.

(2.) THE Petitioners in both the revisions are brothers. Two proceedings under Section 145, Code of Criminal Procedure, (Misc. Case No. 296/77 and Misc. Case No. 297/77) were initiated by the respective opposite parties against the respective Petitioners in these revisions, and both these proceedings were dropped by the Executive Magistrate, Puri on 12 -7 -1977 by two similar orders on the finding that we petitions filed by the first party members (opp. parties in these revisions) before the O.L.R. Court under Sections 36 -A and 15(1)(d) of the O.L.R. Act had been dismissed and that there was no apprehension of breach of the peace between the parties in connection with the land in question. Against the said orders of the Magistrate, the first party members, the opposite parties herein, preferred two revisions before the Sessions Judge, Puri, and the Addl. Sessions Judge. Puri has allowed these two revisions by holding that merely because the first party members did not succeed in the said O.L.R. proceedings, the 145 proceedings initiated by them could not be dropped, and that on the facts Appellant on the face of the records there was apprehension of breach of the peace between the parties concerning the disputed lands. He accordingly restored the proceedings under Section 145 Code of Criminal Procedure and directed the learned Magistrate to dispose of the same on merits in accordance with law. The second party members in the two 145 proceedings have preferred these two revisions against the said orders of the learned Addl. Sessions Judge.

(3.) THE finding of the trial Court that there was no apprehension of breach of the peace was based merely on the report dated 28 -11 -1977 of the police officer. The Magistrate did not take care to ascertain or assess the truth of the said report in any manner whatsoever. On the other hand the Additional Sessions Judge, Puri, in his order says that from the very facts that both the parties are in litigating terms in respect of the lands in question and are putting forward diverse claims to the same since a long time, and that they seriously contested the revision petition before him, it appears that there is dispute between the parties likely to cause breach of the peace concerning the lands in question, and so the proceeding under Section 145 should not have been dropped by the Magistrate. On that finding he has directed the learned Executive Magistrate to proceed with the 145 proceedings, and to disputes of the same in accordance with law on merits. The basis and the ground on which the said finding and direction are given are reasonable and proper, and I do not see any reason to interfere with the same. The said direction therefore is confirmed.