KIRPAL SINGH Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These two criminal revisions arise out of the same proceedings initiated by Nirmal Chand under Ss. 107/151 of the Code of Criminal Procedure, 1973 (shortly called the code) and will, therefore, be disposed of together.

(2.) By the revision petition No. 48 of 1975 the Petitioner has challenged the validity of order dated 19 -8 -1975 passed by the Magistrate 1st Class, Dharamsala. The order is to the following effect:

(3.) The facts briefly are that on 19 -8 -1975, Nirmal Chand of Sham Nagar in Dharamsala reported to the police that he along with his friend Kuldip took their lunch at the hotel of Kirpal Singh in Kotwali Bazar, Dharamsala. Kirpal Singh served them with rotten food and charged exorbitant price. Nirmal Chand asked him as to why he had charged such an exorbitant price, on which he got enraged and threatened him and his friend with dire consequences. The police went at the spot. From the order it appears that when the police reached the spot the Respondent attempted to make an attack on Nirmal Singh. In view of the fact that there existed imminent danger of breach of peace at the hands of Kirpal Singh the police arrested him and produced him in the Court for proceeding under Sec. 107 of the Code.