NATHU LAL Vs. RAMDEO

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, Jaipur District, Jaipur in a case under sec. 145 Cr. P. C. by which it has been recommended that the order of the Extra Magistrate, Dausa, dated the 31st July, 1953, cancelling the preliminary order dated the 16th May, 1953, be quashed.

(2.) PARTIES have not appeared. I have gone through the order of reference as well as that of the magistrate. I have also perused the explanation given by the magistrate concerned, and also gone through the record of the case, Several dates were fixed in the case for the evidence of the parties after the preliminary order had been passed on 15th May, 1953. One of these was the 7th July, 1953, on which the parties did not appear. On the next date when the magistrate was casual leave, 31st July, 1953, was fixed, but on that date too the parties did not appear. From this the magistrate drew an inference that the parties were not anxious for the case and there existed no breach of the peace any longer. He consequently cancelled his preliminary order dated the 16th May, 1953.