MAULA BUX ANSARI Vs. RAM RUP SAH

JUDGEMENT

(1.) This application is directed against the order dated 17th April 1982 passed by the sub-divisional executive Magistrate, Sikrahana at Motihari, initiating a proceeding under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the CodeTT).

(2.) Earlier there was a proceeding under Section 144 of the Code, which had been initiated on 15th December 1981 in between the parties in which the petitioners were the member of the first party and the opposite party to this application was the member of the second party That proceeding was decided on 11th February, 1982, and the rule was made absolute against the opposite party.

(3.) Thereafter, it appears, that on 15th February, 1982, a petition was filed by the opposite party before the Sub-divisional Executive. Magistrate stating therein that there was a land dispute giving rise to the apprehension of breach of the peace. That petition was sent to the police for enquiry and report. On receipt of police report, the learned Sub-divisional Executive Magistrate started a proceeding under Section 144 of the Code on 24th February, 1982.