HAN CHAND Vs. DMA NATH

JUDGEMENT

(1.) Despite calls nobody appeared for respondents. Hence the petition was heard on merits in their absence.

(2.) The proceedings under section 145 of the Code of Criminal Procedure were initiated on an application filed by the petitioners before Executive Magistrate 1st Class, Tahsildar, Billawar pertaining to a dispute of land in Khasra Nos. 739, 953, 956, 1219 and 1186 on the allegations that the Don-petitioners started the construction of the road forcefully over the said land. The Magistrate after spot inspection and on personal of the affidavits and documents filed on record found that the case filed by the applicants was false, for which holding them responsible dismi3sed the petition and in addition to the dismissal of the petition, all the three petitioners were also fined Rs. 100/- each under the impugned order. The order impugned was passed on January 23, 1980 and in execution of the said order, it is stated that the fine was recovered from the petitioners individually on January 30, 1980, hence this revision.

(3.) Learned counsel for the petitioners vehemently argued that the order impugned is passed on miss-conception of law, surmises and coiljectures, moreover, the imposition of fine is also without jurisdiction, as the provisions of Section 145 of the Code of Criminal Procedure, nowhere contemplate such an imposition of fine.