RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision -petition taken against the order of learned Sessions Judge, Bikaner, dated July 28, 1971.

(2.) THE brief facts of this case are that Pema Ram Jat, son of Dungar Ram, resident of Malasar, lodged a complaint with the police station, Jamsar, with the averments that Luna Ram and the members of his family were antagonistic with him. Litigation had proceeded and prolonged in between them. Luna Ram and his party -men were threatening him with unpropitious consequences. At about 9 a.m. on January 10, 1971, he was on his field Soon after Ram Lal, Luna Ram, Ganga Ram, Mohan Lal and Hanwat Ram arrived there. They were armed with lathis, with projecting prongs and threatened him. Thereupon he raised an alarm, which attracted Uma Ram and others on the spot. Because of this eventually, he apprehended that there was danger to his life and that possibly some heinous crime was likely to visit. He, therefore, moved the local police for initiating proceedings under Section 107, Cr. P.C. The police inquired into the matter and made a complaint in the court of Sub -Divisional Magistrate, Bikaner (North), recommending that proceedings under Section 107/.51, Cr. P.C. be taken. Learned Sub -Divisional Magistrate, Bikaner, issued notices under Section 112, Cr. P.C. calling upon Luna Ram and others to show cause why they should not be bound over in a sum of Rs. 2000/ -, and to furnish a surety in the like amount to keep the peace for a period of one year. The petitioners felt aggrieved by the above order, dated January 13, 1971, and approached the Court of Learned Sessions Judge, Bikaner, through a revision -application. That petition was dismissed by learned Sessions Judge, Bikaner: vide his judgment, dated July 13, 1971. Hence this revision.

(3.) THE first question that arises for decision is whether the police could arrest the petitioners under Section 107, read with Section 151, Cr. P.C. Section 151, Cr. P.C. says: