HALADHAR BHOWMIK Vs. JULMAT BEPARI

JUDGEMENT

(1.) THE District Magistrate, Tripura has referred this case u/s. 438, Criminal Procedure Code re commending that the order passed by Sri B. B. Datta, Magistrate 1st class on 19.11.1951 in his Court's Criminal Misc. Case No. 5 of 1951 which is a petition u/s. 145, Criminal Procedure Code should be set aside considering that it is not based on sufficient material to apprehend a breach of the peace.

(2.) ON evidence led by the parties in the case, the trial Magistrate apprehending breach of peace, directed the parties to have the title in the disputed land decided in a civil Court. The disputed land was to remain attached till the decision of the title.

(3.) A contrary view is taken by the learned District Magistrate by going through the evidence and hence this reference.