SITA RAM Vs. BHOLA RAM

JUDGEMENT

(1.) THIS criminal revision petition is directed against the order of the learned Munsiff, Judicial Magistrate Nowshera dated June 7, 1975 by which he started proceedings under section 145 of the Code of Criminal Procedure and attached the shop in dispute and appointed a Receiver to effect the repairs of the property in dispute.

(2.) THE fact giving rise to this petition are that a suit for permanent injunction was filed by the respondent against the petitioner and the same was pending in the court of Munsiff Nowshera, When that suit came up for hearing before the Munsiff, he perused the application for grant of temporary injunction and noticed that certain allegations had been made in that application that the petitioner did not allow the respondent to repair the shop and that whenever the respondent tried to repair it, the petitioner attacked him and created obstruction in his way. From these allegations the Munsiff Judicial Magistrate came to a prima facie conclusion that some dispute had arisen between the parties and there was likelihood of breach of peace. He treated that application for temporary injunction which had been filed in the suit for permanent injunction as information within the meaning of Section 145(1) of the Code of Criminal Procedure and directed the application to be registered as such. After considering the application, the affidavit and various documents filed with the said application, the Magistrate passed an order to the effect that he was satisfied that due to the existence of dispute between the parties there was likelihood of breach of peace and exercise of the powers u/s 145(4) proviso (3) of the Code of Criminal Procedure directed that the shop in dispute be attached. He further appointed a Receiver although it appears from the record that the Receiver was changed from time to time by the said Magistrate suo moto. The petitioner feeling aggrieved by this order filed this revision petition in this court and by order of the Court dated July 10, 1975 the petition was admitted and it was directed that the operation of the impugned order in the petition shall remain stayed pending disposal of this petition. After this stay order was received by the learned Magistrate he passed a Zimini order on July 16, 1975 to the effect that the respondent Bholla Ram at whose instance the proceedings u/s 145 of the Code of Criminal Proceedings had been initiated had made an application submitting therein, that he no longer apprehended any breach of the peace and in that view of the matter the Magistrate withdrew the preliminary order issued on June 7, 1975. He further directed that the shop in question be returned to the person from whose possession it was taken and attached and consigned the file to records.

(3.) MR . Bakshi, the learned counsel for the petitioner has submitted that although the proceedings which are the subject matter of the revision petition have already come to an end and in that view of the matter the revision petition has become infructucus yet this is a case which exposes the se -anti respect shown to the provisions of law and to the orders of this court by the Magistrate and therefore, requires consideration at my hands.