KERAMAT ALI Vs. ABDUL MATLIB ALI

JUDGEMENT

(1.) THIS reference under Section 438, Criminal P. C. from the Sessions Judge, Lower Assam Districts arises out of a proceeding under Section 145, Criminal P.C. Facts are fully stated in the order of reference.

(2.) ON 24 -10 -1952 petitioner Keramat Ali initiated the proceeding under Section 145 by a petition. His case was that he and 38 other persons were allotted an area of 585 bighas of land by revenue authorities and that the Mandal had delivered possession of the said land to them. They had learnt that the second party were preparing to remove forcibly paddy grown by them on an area measuring 555 bighas. The petitioner apprehended a breach of the peace.

(3.) IT appears to me that the learned Sessions Judge in making his recommendation has been influenced to a very great extent by the words 'case struck off' appearing in the order of the learned Magistrate. The circumstances under which he passed the order are undisputed. The petitioner was absent. He did not think that there was sufficient ground for granting an adjournment.