TEJ SINGH Vs. RAMLA

JUDGEMENT

(1.) THE facts giving rise to this application in revision are that on the 5th February, 1952, one Ramu Gujar resident of Chavsari, filed an application under sec. 145 Criminal Procedure Code in the court of the Sud-Divisional Magistrate, Udaipur in Jhunjhunu District. It was alleged that he was cultivating a field called Sattarwala for some generations, that Tej Singh and Rawat Singh had forcibly dispossessed him on the 31st January, 1952, that a dispute likely to cause a breach of the peace existed concerning the said land and that the court should, therefore, take legal proceedings and restore the possession of the field to him. THE application was sent to the police for investigation and report. THE applicant had made a similar report at the Police Station Gura on the 1st February, 1952. THE opposite party had made a counter report at the same police station on the 2nd February, 1952. On the 9th February, 1952, the Sub-Inspector, returned the application to the court with a report requesting it to proceed under sec. 145 Criminal Procedure Code. THE Magistrate, thereupon, passed a preliminary order under sec. 145, sub-sec. 1 and at the same time, he ordered the subject of dispute to be attached pending his decision. Tej Singh and Rawat Singh filed an application in revision against the said order in the court of the District Magistrate, Jhunjhunu, but they were unsuccessful and therefore, they have presented a revision application in this Court.

(2.) THIS case had come for hearing before a single bench, but it was referred to a division bench and therefore this has come before us.