BHURIYA Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned District Magistrate of Jodhpur and arises in the following circumstances:

(2.) ONE Natha applied for binding over Lachhman, his four sons Bhaniya, Bhomla, Bhuria and Chothia, and three other persons Pemla, Nadia and Dhania sons of Teja under sec. 107 Cr. P. C. on the allegations that he was in possession of certain fileds situated at village Siyara but the opposite party were wrongfully trying to dispossess him. The learned Sub-Divisional Magistrate of Jodhpur sent the application to the police for report. On receipt of the police report the Magistrate issued a notice under sec. 112 of the Code against Lachman and others to show cause why they should not be called upon to give security in the sum of Rs. 300/- each to keep the peace and be of good behaviour for a period of six months. Two of the persons to whom notice was issued appeared on the 11th of July and the case was adjourned to 20th August and fresh notices were directed to be issued against the rest. On 12th July the learned Sub-Divisional Magistrate took up the case suo-moto in the absence of the parties and issued orders to Lachman and his seven companions to give security in the sum of Rs. 300/- to keep the peace till decision of the complaint. The Magistrate purported to act under sec. 117 (3) Cr. P. C.