BHOOP SINGH Vs. STATE

JUDGEMENT

(1.) IN chamber This is a reference submitted by Mr. T. R. Sharma, Sessions Judge, Bharatpur, recommending that the order of the Sub-divisional Magistrate, Bharatpur, passed on October 27, 1971, whereby he commenced proceedings under sec. 107/117, Cr. P. C, against party No. 2 Bhoop Singh and others, residents of Dayawali, police station, Nadbai, be quashed and set aside.

(2.) IT appears that on the aforesaid date Circle Inspector (Halka Girdawar) had submitted a report that Bhoop Singh and others had wrongfully brought under the plough, pasture and 'ghair Mumkin' passage land (Khasra No. 782), situate in village Dayawali and that they were likely to commit breach of the peace or disturb the public tranquillity. On receipt of the above report the Sub-divisional Magistrate ordered the registration of the case u/ss. 107/117 Cr. P. C. , and directed that warrants of arrest should be issued against Bhoop Singh and others for compelling their attendance before the Court. Aggrieved by that order, Bhoop Singh preferred a revision-petition in the court of the Sessions Judge, Bharatpur. Learned Sessions Judge made the following observation : - "it (Sec. 107, Cr. P. C.) can hardly be invoked in order to oust a trespasser from Government land as has been done by the learned Sub-Divisional Magistrate in the present case. In my opinion, the order cannot be sustained and it is a fit case for being reported to the Hon'ble High Court under sec. 438 of the Cr. P. C. " He has accordingly submitted this reference to quash the impugned order.