RAMA Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Ajnier, recommending that an order passed by a First Class Magistrate Under Section 145, Criminal P. C. should be modified. Akbar Khan made a report to the police on 2nd June 1949 to the effect: that Rama and Dunga with 40 or to persons went to Akbar Khan's land and ploughed it. Further they threatened to take his life. The Police made two reports against the two parties under SSection 107 and 145, Criminal P. C. Notices were therefore issued to the two parties for aotion under Section 107 and 145, Criminal P. C. The land in dispute1 was attached. These conneoted cases were disposed of by the learned Magistrate by one judgment dated 18th Deoember 1949. He held that Akbar Khan was in possession on 2nd June 1949t The Court therefore passed an order putting Akbar Khan in possession and restraining the second party from interfering with the possession of the first party. As regards the notices issued Under Section 112, Criminal P. C. , the Court found that no aotion Under Section 107 was needed. Thenotiees under 3. 112, Criminal P. C. , were therefore discharged. Rama and Dunga of the second party filed a revision application before the learned Sessions Judge urging that the learned Magistrate had no jurisdiction to pass an order of injunction against the second party after arriving at a finding that there was no apprehension of a breach of the peace. This contention was accepted by the learned Sessions Judge. He has therefore made this reference re-commending that an order should be passed under Sub-section (5) of S. US, Criminal P. C. , cancelling the previous order of the Magistrate and staying all further proceedings in the case. I have heard the learned Counsel for Kama and. Dunga and also the learned Public Prosecutor.

(2.) THE record shows that the second party did not take a straightforward stand. It ap. pears that Rama and Dunga appeared before the police and reported that they apprehended danger to their lives and asserted their posses. Bion. On 13th June 1949 Rama and Dunga knell. an application to the Court requesting to the attachment of the land in dispute. In para. 2 of that application the second party stated:

(3.) THE learned Magistrate framed three points for consideration. Point no. i was about pos. session on 2nd June 1949. Point no. 2 was about suitable action Under Section 145, Criminal P. C. Point No. 8 related to action Under Section 107 Criminal P. C. On point NO. 1 the Court de-Bided in Akbar Khan's favour. So under point Mo. 2 the Court proceeded to deliver possession to Akbar Khan, restraining the second party from interfering with Akbar Khan's possession.