PANDU HO Vs. LOMBA HO ALIAS SAMBO HO

JUDGEMENT

(1.) This is a petition in revision filed on behalf of the first party in a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') against the order dated the 25th July, 1968, passed by Mr. R.D. Paswan, Magistrate 1st Class, Chaibassa.

(2.) What happened was this: The petitioner filed a petition on the 26th June, 1967, before the Subdivisional Officer, Chaibassa, alleging breach of peace-against the opposite party with respect to possession over plot No. 150 under khata No. 109 of mauza Gitiladhar within police station Manjhari, district Singhbhum. The learned Subdivisional Magistrate referred the matter to the police for enquiry. The police submitted report that a serious apprehension of the breach of the peace existed between the parties. The learned Magistrate being satisfied that a serious apprehension of the breach of the peace existed drew proceedings against both the parties under Section 144 of the Code. The proceedings were thereafter converted under Section 145 of the 7th October 1967 and the case was transferred for disposal to the court of a 1st class Magistrate at Chaibassa. The learned Magistrate on a consideration of the evidence of both the parties found that none of the parties was in possession of the disputed land and, therefore, he dropped the proceeding under Section 145 in absence of evidence.

(3.) It is obvious that the attention of the learned Magistrate, was not drawn to the new Sub-section (1) of Section 146 of the Code, which was substituted by Act 26 of 1955 (old Section 19). The present Sub-section (1) of Section 146 of the Code is in these words: