RAMCHANDRA Vs. BHAIRON BUKSH

JUDGEMENT

(1.) THIS is an application by Ramchandra and three others of village Sakat Tehsil Rajgarh to revise the order of Shri Naina Nand Jain, Magistrate first class, Raj Garh, under Section 145, Criminal Procedure Code

(2.) THE opposite party Bhairon Bux (hereinafter to be referred to as the complainant) filed an application under Section 145, Criminal Procedure Code that he secured from Tehsil Rajgarh a decree for possession of land No. 1875/314 on 17.4.1949 and was put in possession of the same on 23.4.1949. Thereafter he gave the land on 'Batai'to Raghunath and Gangli. When they went on 18.7.1949 to plough the land, they were driven out by Ram Chandra and others (hereinafter to be referred to as the applicants) by threat and show of force. It was, therefore, prayed that the land might be taken in possession of the Court and the applicants be bound to keep the peace and possession might then be restored to the complainant. The matter was referred to Police, who reported on 22.7.1949 that the applicants were in possession and there was no imminent danger of peace. On 25.10.1949, the learned Magistrate to whom the case came after having wandered through some other Courts made the following order on 25.10.1949 : "Prima facie, there is apprehension of an offence to the petitioner. Therefore, a notice be issued to the opposite party under Section 145(3) to show cause why they should not be called upon to furnish surety in the sum of Rs. 500/ - and execute personal bonds in the like sum to keep the peace for a period of one year. The opposite party should personally attend the Court on 8.11.1949 and file whatever objections they have."

(3.) IT would thus appear that although in the order Section 145(3) is mentioned yet it is in reality an order under Section 112, Criminal Procedure Code The learned Magistrate proceeded upon this order and after notice to the parties finally made an order that the complainant was in possession of the property and his possession be maintained over it till ejected in due course of law.