THAKUR PANDEY Vs. EMPEROR

JUDGEMENT

(1.) A Magistrate of the first class, after taking evidence, came to the conclusion that there was great probability of a breach of the peace.

(2.) There is apparently between the parties a dispute relating to immoveable property, and according to the Magistrate, one party is trying to set aside a possession of long standing on their own authority with the result, the learned Magistrate says, that a great riot will take place in Pargana Duaba; he accordingly bound down the petitioners before me and required that they should give security for keeping the peace for one year.

(3.) I am asked to interfere with this order on the ground that the dispute being a dispute in regard to immoveable property, the Magistrate should not have acted under Section 107, and in support of this contention 1 am referred to the case of Mahadeo Kunwar v. Bisu 25 A. 537 : A.W.N. (1903) 102. In that case, an order has been passed under Section 147 of the Code of Criminal Procedure, without any of the procedure prescribed by Section 145 being adopted, and that order was set aside as an order passed without jurisdiction. The learned Counsel relies upon certain dicta contained in the judgment in which it was laid down that where a. report was made by the Police that a dispute likely to cause a breach -of the peace existed between the parties concerned regarding certain land, the Magistrate should have proceeded in the manner prescribed in Section 145 and not under Section 107, but the learned Judge has been careful to add that it was not necessary to decide, for the purposes of this case, whether the fact of the Magistrate having been informed that a dispute existed in regard to land, ousted his jurisdiction to take proceedings under Section 107."