MOHAMMED YUSUF Vs. ABDUL MAJID

JUDGEMENT

(1.) This is an application in revision against an order passed by the learned Sessions Judge of Aligarh, setting aside an order of discharge passed by a Magistrate of the First Class and directing further inquiry to be made under Section 107, Criminal P.C.

(2.) It appears that there were two parties who were hostile to each other, one party consisted of Abdul Majid and his associates and the other party consisted of Mohammad Yusuf and his associates. Mohammad Yusuf made an application to the Magistrate under Section 107 for having the opposite party bound over to keep the peace. This was followed by a similar application made by Abdul Majid that security for keeping the peace should be taken from Mohammad Yusuf and his party. Both the applications were sent to the police for inquiry. The police reported that there was fear of a breach of the peace, but the breach of the peace was to be apprehended from the side of Abdul Majid and his party, and that there was no apprehension from the side of Mohammad Yusuf's party. The Magistrate proceeded with the application against Abdul Majid and his party and bound over Abdul Majid and two other persons under Section 107. As regards the counter application, he dropped further proceedings on the strength of the police report and did not proceed to take any further evidence as against Mohammad Yusuf and his party.

(3.) Abdul Majid and the two other persons bound over along with him appealed to the Sessions Judge, and at the same time Abdul Majid applied to him in revision praying that the order discharging Mohammad Yusuf and his party under Section 107 should be set aside, and that further inquiry should be made as against them.