BAIRON BUX Vs. RAJMAL

JUDGEMENT

(1.) This is a reference under Section 438 of the Code of Criminal Procedure by the Additional Sessions Judge Bundi recommending that the composite order of the Magistrate 1st Class Patna in Bundi District be quashed. A complaint was made by the opposite party Raj Mal under Sections 145 and 107 of the Code of Criminal procedure that the field known as Bambulwala No. 620 situated in Choti Godoll was in his ownership and actual possession but the applicant Bhairon Bux and others prevented him from ploughing and sowing the field. The applicants were using force and there was apprehension of breach of peace. The possession of the opposite party be declared and retained over the field and the applicants be ordered to furnish security for keeping peace.

(2.) The learned Magistrate sent this application of the opposite party to police for report and on receipt of the report he made an order that the case be registered under Sections 107 and 145 of the Code of Criminal Procedure and the accused (Bhairon Bux and others) be given notice to show cause why they should not be called upon to furnish two sureties each in the sum of Rs. 350/- each and execute personal bonds in the amount of Rs. 700/- for keeping the peace for one year and not to trespass upon the field during the said period.

(3.) After recording the evidence of the parties the learned Magistrate made the final order on the 7th January, 1950 which when translated into English runs as follows :