GOGGAR Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge, Jhun-jhunu recommending that the order dated the 2nd July, 1951 of the Sub-Divisional Magistrate, Khetri dropping the proceedings under sec. 145 Criminal Procedure Code be set aside. It has arisen under the following circumstances : -

(2.) ON the police report the learned Sub-Divisional Magistrate, Khetri made a preliminary order under sec. 145 (1) of the Code of Criminal Procedure dated the 16th June, 1951 calling upon the parties to file the requisite statements of their respective claims as respect the fact of the actual possession of a certain land in village Gorir District Jhunjhunu. 5th of July, 1951 was fixed for the filing of the written statements. The order of attachment of the property was also made and Krishna and others (hereinafter to be referred to as the first party and Goggar and others as the 2nd party) were called upon to execute personal bonds in the sum of Rs. 500/- each for not entering into the field in dispute dur-ing the pendency of the case. Before the said date arrived the first party filed an application praying that the attachment be raised, the possession of the property be delivered to them and the order of execution of personal bond be quashed. The learned Magistrate after hearing the arguments of both the parties on this application dropped the proceedings under sec. 145 by his order dated the 2nd July, 1951.