KASTURI LAL Vs. RAM DAS

JUDGEMENT

(1.) ON an application filed by Kasturi lal, petitioner herein, learned 1st Additional Munsiff, Judicial Magistrate Jammu initiated proceedings under section 145 Cr. P. C. against the respondent herein and in this regard framed a preliminary order on March 16,1984. These proceedings continued for some time and on July 8, 1985 finding the petitioner herein absent, the Magistrate dropped the proceedings and also cancelled the above said preliminary order. Aggrieved by this order petitioner filed revision petition before the learned Additional Sessions Judge, Jammu who has recommended for setting aside the above said order.

(2.) I have heard the learned counsel for the parties. The short point requiring consideration is whether the Trial Magistrate was justified in dismissing the application of the petitioner under section 145 -Cr. P. C. for his non -appearance. Learned Magistrate while drawing the preliminary order under section 145 (1) Cr. P. C. had come to the conclusion that there was a dispute existing between the parties likely to cause breach of peace on spot. The proceedings in this manner are required to be treated in the interest of public peace and so long as apprehension of breach of peace subsists it is the duty of the Magistrate to continue the proceedings. The Magistrate is thus not justified to drop these proceedings merely because of the absence of the applicant. In the present case both the parties had filed affidavits in support of their respective claim in regard to their possession over the disputed property & the Magistrate under such circumstances was bound to discuss these affidavits while passing any final order. The interim order passed under section 145 (1) Cr. P. C. could not have been cancelled summarily without discussing merits & demerits of the case. For the aforesaid reasons the reference is accepted and the order impugned set aside. The case is sent back to the Trial court to proceed further in accordance with Law. L. C. for the parties shall appear before the Trial Court on 7 -7 -1988.