MISRI SINGH Vs. PALA SINGH AND ANR.

JUDGEMENT

(1.) ON an application moved by Pala Singh, Respondent under Section 145 of the Code of Criminal Procedure, the Executive Magistrate at Bhatinda passed a preliminary order expressing his satisfaction that "a dispute likely to induce a breach of peace exists between Pala Singh * * * * on the one hand and Misri Singh * * * *on the other" and considering the case as one of emergency got the land attached. Misri Singh filed his reply later and denied the existence of any dispute. There was not a word said in this statement whether there was a genuine apprehension of any breach of peace. The learned Magistrate after giving a detailed consideration to the merits of the claims of the contending parties reached the conclusion that Pala Singh was entitled to remain in possession of the disputed land and passed the final order accordingly under Sub -section (6) of Section 145 of the Code of Criminal Procedure.

(2.) MISRI Singh filed the petition for revision to the learned Sessions Judge, Bhatinda, who made a reference to this Court that the order of the Magistrate ought to be quashed as no finding was recorded in the final order that there existed an apprehension of breach of peace. In the view of the learned Sessions Judge, this is the very basis for the exercise of jurisdiction under Section 145 and in the absence of the finding, the order of the Magistrate becomes unsustainable.

(3.) THERE is also a Single Bench authority of Srinivasachari J. in Abdullah and Ors. v. Hanmanthappa, A.I.R. 1953 Hyd. 286, which lays down the same principle. Said he: