GANESH PRASAD SAH Vs. SADASIV PRASAD

JUDGEMENT

(1.) This Criminal Revision is directed against an order by which the petitioners, four in number, have been bound down under section 118 of the Code of Criminal Procedure (hereinafter referred' to as the' 'Code') and directed to execute a bond of Rs. 1000/-with two sureties of like amount each for keeping peace for a period of one year and in default to undergo simple imprisonment for a period of one year each.

(2.) Plot No. 1238 in Ward no. 4 of Dumka Municipality is owned and possessed by Sadasiv Pd. (opposite-party) of this criminal revision Plot No. 1239 of the said Municipality, which is said to bo a Municipal lane, separates plot no. 1238 from plot no. 1240 which belongs to the petitioners and which contains their house, petitioner no. 1 being the father and the remaining the three petitioners being his sons. Plot no. 1238 originally contained a mud built house and sometime in the year 1971 the opposite party Sadasiv Pd. wanted to raise a brick built house on the old side of mud built house. Tn fact the construction of the brick wall started but on 11.6.1971 the petitioners objected to the same, physically interfered and assaulted the masons and coolies. This led Sadasiv Pd. (opposite-party) to file a petition before the Subdivisional Magistrate on 12.6.1971 for taking action against petitioners under section 107 of the Code.

(3.) The matter was referred to the police for enquiry and the police submitted a report. On considering that report by order dated 23.7.1971 and for reasons stated therein the Subdivisional Magistrate ordered for the drawing up of a proceeding under section 107 of the Code against the petitioners. The petitioners showed cause by filing a joint show cause denying the allegations made against them.