RUP CHAND MORAN AND ANR. Vs. BHAGALU SINGH

JUDGEMENT

(1.) THIS reference from the Sessions Judge, U. A. D. arises from a proceeding under Section 145, Cr. P. C.

(2.) BHAGALU Singh is a Chawkidar of Sardarmall. On 26 -6 -1950 he filed a complaint in the court of the A. D. M., Lakhimpur at Dibrugarh, by which he prayed for the initiation of a proceeding against 8 persons described as the second party in the petition under Section 145, Cr. P. C. His case was that the land belonged to Sardarmall, who was the absolute owner by purchase and also was in possession. He held the land and got it cultivated through tenants to whom he gave land for cultivation on annual rent. According to him on 23 -6 -1950 the second party with many others came, forcibly trespassed on the land & themselves started ploughing it. He protested but finding the attitude of the crowd aggressive, he had to leave.

(3.) I have heard the learned Counsel. In my opinion, the order passed by the learned Additional District Magistrate must be quashed on the third ground and in this view of the matter it would not be necessary to deal with questions raised in grounds (1) and (2).