DWARKA SINGH Vs. BABU JAMUNA SINGH

JUDGEMENT

(1.) This is an application in revision on behalf of the first party in a proceeding under Section 147, Criminal P.C., which was drawn up on 4 June last on a police report of 9 April reporting that there was an apprehension of a breach of the peace between the parties as the second party desired to make pucca a bund of stream called the Nata, so much so that the Sub-Inspector had had to depute a constable to the spot to preserve the peace pending the orders of the Magistrate. Upon this report the Magistrate first passed orders under Section 144, Criminal P.C., restraining both parties from going to the site. The proceeding under Section 147 went on for sometime and then on 13 August the learned Magistrate noted that the parties again say that the question may be decided by local inspection alone and it may not after all be necessary to examine all the witnesses some of whom are not readily available.

(2.) The Magistrate held a local inspection as desired by the parties the results of which were noted in the order sheet. In his next order the Magistrate said that there was again a talk of compromise through the intervention of the Court, that both parties agreed to the terms and that they promised to file "petitions" to that effect. On the next date the second party filed a petition accordingly, but the first party raised further disputable points. The Magistrate remarked that this was very unfortunate, and he dropped the proceedings on the ground that there was no imminent danger of a breach of the peace as the river Nata runs only during the rainy season and that therefore he was not competent to decide the question on the merits. He added that the first party, since they refused to compromise, would have ample time to go to the civil Court and get their rights defined there.

(3.) It has been contended by the learned advocate for the petitioners that the order of the Magistrate calls for interference on more than one ground. In the first place it was not correct for the Magistrate to say that he was no longer competent to decide the question on the merits because there was no imminent danger of a breach of the peace. Section 147 does not require such imminent danger for its application, for "a dispute likely to cause a breach of the peace regarding any alleged right of user of any land or water..."is enough for initiating proceedings under the section.