KEWAL RAM Vs. STATE

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure, 1973 (shortly referred to as the Code) has been filed by Kewal Ram for setting aside the order, dated October 23, 1975, and to re-hear the case.

(2.) KEWAL Ram had initiated proceedings against Megh Ram and five other residents of village Sheel in Solan Tehsil under the provisions of Section 107 of the Code on the allegations that Megh Ram and others were trying to dig a water channel through his land and the petitioner dissuaded them from doing so, whereupon Megh Ram and others threatened him with dire consequences and, he, therefore, prayed that the respondents who are quarrelsome and of notorious character be bound down to keep peace and be of good behaviour. The Sub-divisional Magistrate dismissed this application made by Kewal Ram on the ground that he did not think if any apprehension of breach of peace existed in between the parties and moreover a period of about one year had elapsed and no fresh incident during that period between the parties was reported. Against this order, Kewal Ram filed a revision petition on 7-7-1973 before the Sessions Judge, Solan, for setting aside the order and to send back the case for further enquiry. The Sessions Judge reported the matter to this Court for quashing the order and to remand back the case for further enquiry and proceeding.

(3.) THE case came up before this Court for hearing on October 23, 1975, when it appears none was present and the Court on a perusal of the record decided the case and disagreeing with the report dismissed the petition and upheld the order of the Sub-divisional Magistrate, Solan.