HAWALDAR SINGH Vs. PUNYADEO SINGH

JUDGEMENT

(1.) THIS application in revision is directed against an order dated 30 - 1 -1970 passed by the Sub -divisional Magistrate, Chapra, allowing the prayer of the opposite party for awarding costs in a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) in which the petitioners were the second party and the opposite party were the first party.

(2.) AS there was an apprehension of breach of the peace between the parties with respect to some land, a proceeding under Section 145 of the Code was drawn up on 30.1.1964 which was finally disposed of by the Sub -divisional Magistrate on 5.10.1966 in favour of the opposite party, whose possession over the property in dispute was declared. On 30.9.1969, the opposite party filed a petition before the Sub -divisional Magistrate for awarding costs as they were successful in the proceeding under Section 145 of the Code. The learned Sub -divisional Magistrate heard both the parties and then by the impugned order dated 30.11.1970 allowed the petition filed by the opposite party for awarding costs and directed that the costs should include the items permissible under the law for such matter.

(3.) MR . Gupteshwar Prasad, learned counsel appearing on behalf of the petitioners has raised the following points : -