KADIR ALI DEWAN Vs. WAHAB ALI

JUDGEMENT

(1.) BY this Criminal Revision under Sections 397/401 read with Section 482 of the Criminal Procedure Code 23 petitioners challenge the proceeding in M/s. No. 749/78, which arose as follows: -

(2.) THE 4 Opposite Parties for themselves and on behalf of 31 other families filed an application, supported by an affidavit, in the Criminal Court at Mangaldoi against the present petitioners under Section 107 Criminal Procedure Code alleging that the first party got settlement of land measuring 272B. 4k. 14 Lechas in the name of 35 families in 1972 as landless people and have since been cultivating the same, and the second party by forming an unlawful assembly were preparing to oust and evict the first party threatening with dire consequences, and consequently there was every likelihood of breach of the peace and so there was the need to prevent the second party men from entering the land to avoid mutual fight. It was accordingly, prayed that the matter be investigated into and under Section 107 Cr. P. C, after issue of non -bailable warrant of arrest, make the second party men execute a bond to maintain peace and good behaviour.

(3.) ON 7 -10 -78 the Executive Magistrate, Mangaldoi being satisfied that there was likelihood of breach of peace registered M/C. Case No. 749/78 under Section 107 Criminal Procedure Code and issued non -bailable warrant of arrest against all the petitioners. The said Order, rendered into English, read as follows : - "7 -10 -78 - Seen the petition of the First Party and also the affidavit. Heard the learned Advocate. I am satisfied that there is every likelihood of breach of peace between the parties. So, a case under Section 107 Criminal Procedure Code has been registered and issue Non -bailable warrant of arrest against all the second party men. Fix 25 -10 -78. Sd/ - J. C. Dutta, Magistrate (Executive), Mangaldoi."