HIMMAT SINGH Vs. SHANKERLAL

JUDGEMENT

(1.) THIS is a reference by the learned Additional Sessions Judge, Udaipur recommending that the order passed by the learned Sub-divisional Magistrate, Vallabhnagar on 15-7-66 under section 117 (3), Criminal Procedure Code, directing the petitioners to execute personal bond in a sum of Rs. 500/- each and one surety in the like amount, each for keeping the peace.

(2.) THE facts giving rise to this reference are these: One Shankerlal, Kamdar of Smt. Mohan Kanwar Shekhawat of Kanore submitted an application against the petitioners in the Court of Sub-divisional Magistrate, Vallabhnagar on 15-7-1966, supported by an affidavit alleging that there was a Beed land (i. e. land used for growing grass and storing the same) situated in village Rundera bearing Khasra Nos. 2283/1 and 2283/2 which belonged to Smt. Mohan Kanwar and was in her possession. It was further alleged that there was some dispute over a part of this land between Smt. Mohan Kanwar and the petitioners which led to some litigation on revenue side before the Sub-divisional Officer, Vallabhnagar. Shankerlal further stated that on 20-3-1966 the petitioners came to the Beed land armed with various weapons such as guns, axes etc. and threatened to kill the servants of Smt. Mohan Kanwar with a view to take forcible possession of the land. It was prayed that proceedings under secs. 107 and 117 (3) of the Code of Criminal Procedure be taken against the petitioners as it was apprehended that the petitioners would create further trouble.