DAITARI PADHAN Vs. STATE

JUDGEMENT

(1.) THE Petitioners arc some of the members of the 2nd party in a proceeding under Section 107, Cri. P. C. On 20-12-63 the Sub-Inspector of Police, Burla submitted a report for drawing up a proceeding under Section 107, Cri. P C. against the petitioners and three others, the case against them being that they forcibly entered into the Bari of Rahas Jal (1st party), damaged his fence and threatened to assault him. As breach of the peace was apprehended he requested the Sub Divisional Magistrate to initiate a proceeding under Section 107, Cri. P. C. against the petitioners.

(2.) ORIGINALLY, there were five members of the 2nd party and all of them were bound down by the trial Court. The appellate Court, however, discharged three of them and made the order absolute against the petitioners. The petitioners were directed to execute a bond for Rs. 500 with one surety for the like amount to keep peace for a period of one year.

(3.) THE petitioners filed written statement denying the allegation made against them that they trespassed the Bari or threatened to assault the 1st party.