SANTA DEBI Vs. LAKHANLAL SINGH

JUDGEMENT

(1.) This application in revision arises out of an order passed by a Magistrate dropping the proceeding under Section 107 of the Code of Criminal Procedure against the opposite party.

(2.) The facts giving rise to this application are as follows: Pradip Singh, Basant Sharma, Gorelal Singh and Khublal Sharma are full brothers. Khublal Sharma is a teacher in a school at Saidpur. He separated from his brothers about sixteen years ago and was allotted a separate block. The petitioner is the only daughter of Khublal Sharma, is a widow and is working as a mistress in Saidpur Girl's School. On becoming a widow, she began living with her father, who transferred all his landed properties including his house to her about fifteen years back by means of a registered deed, since then, the petitioner is coming in peaceful possession of the properties transferred to her Opposite Party 3 to 8, who are her uncles and cousins, annoyed on account of this transfer in her favour, have formed a gang to harass her so that she may be compelled to leave the village to enable them to grab her properties. Some of the members of the opposite party threatened her father and a sanha was lodged at Gopalpur police station on the 18th June 1965. They also threatened her on account of which another sahna was lodged on the 22nd June 1965. The officer in charge of Gopalpur police station found the allegations true and submitted a report before the Sub-divisional Magistrate on the 26th June 1965 for drawing up a proceeding under Sec 107 of the Code against the members of the opposite party. On the 14th July 1965. the Subdivisional Magistrate, being satisfied with the police, report drew up a proceeding under Section 107 against the opposite party and asked them to show cause why they should not be ordered to execute a bond of Rs. 2,000 each with two sureties of the like amount for maintaining peace for the period of one year. The opposite party appeared before the Subdivisional Magistrate filed their show-cause. The records of the case were then received by Mr. T. K. Mishra, Magistrate, first class. on transfer on the ] 6th March, 1966. Mr. Mishra dropped the proceeding by an order dated the 21st March 1966, and it is against this order that the petitioner has come up in revision to this Court.

(3.) The order of the learned Magistrate is in the following terms:--