BASUDEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition in revision is directed against the order dated 16.8.1983 passed by Sri. Bharat Prasad Shanna, Sessions Judge, Purnea in Cr. Appeal No.3 of 1993 whereby the learned Sessions Judge dismissed the appeal and upheld the order dated 22.9.1992 passed by the Executive Magistrate, Purnea in Case No. 738-M of 1992.

(2.) From the record it appears that a proceeding was Section 107 of the code of Criminal Procedure was initiated against the petitioners who were the second party in the said proceeding on 27.7.199 1 on the basis of a police report. On notice the petitioners appeared before the Magistrate on 12.8.1991 and field a petition on 23.8. 1991 for starting a proceeding under Section 107 of the Code of Criminal Procedure against the member of the first party also and the learned Magistrate ordered accordingly on the ground that the apprehension of breach of peace was due to land dispute. In pursuance of the notice the first party also appeared. As it appears from the judgment of the learned Executive Magistrate, Anandi Mistri of the first party appeared on 4.9.1991 and four members of the first party appeared on 9.9.91. One remaining member of the first party appeared on 23.9.1991. Show cause was filed on behalf of both the parties. By his order dated 13.3.1992 the learned Executive Magistrate on the petition of the first party extended the period of the enquiry for six months. Witnesses were examined on behalf of the parties and by his order dated 22.9.1992 the learned Magistrate dropped the proceeding against the first party and directed the members of the second party to furnish security bond of Rs. 1000/- with two sureties of the like amount each for maintaining peace for a period of one year.

(3.) The petitioners preferred Cr1. Appeal No. 3 of1993 before the learned Sessions Judge against the said order of the learned Magistrate and the learned Sessions Judge by his impugned order dated 16.8.93 dismissed the appeal and hence this revision against the judgment of the Sessions Judge.