LAWS(PAT)-1986-7-11

ANIL KUMAR Vs. RAM PRAVESH DUBEY

Decided On July 23, 1986
ANIL KUMAR Appellant
V/S
RAM PRAVESH DUBEY Respondents

JUDGEMENT

(1.) This application is directed against the order passed in a proceeding under Section 145 of the Code of Criminal Procedure.

(2.) Learned counsel for the petitioners has mainly confined his arguments on the point that the documents have not been considered. It has also been stated that Ram Pravesh Dubey (opposite party No.1) had died and there has been no substitution.

(3.) It may be appreciated that the proceeding in between the parties bad been drawn some time in the year 1977, i.e., about nine years back. The very fundamental or a proceeding under Section 145 of the Code was apprehension of breach of peace. It is difficult to appreciate that such situation would be continued for a decade. Under the circumstances, continuation of such a proceeding should not be unregulated rather, I strongly feel that there ought to be a ceiling on the life of such a proceeding as it has been done in the proceeding under Section 107 of the Code as provided under Section 116(6) of the Code.