SAJAN SAHU Vs. EMPEROR

JUDGEMENT

(1.) This application arises out of proceedings under Section 107, Criminal P.C. As a result of these proceedings the five petitioners have been ordered to execute bonds of Rs. 200 each with one surety to keep the peace for a period of one year, or in default to undergo one year's simple imprisonment.

(2.) The petitioners are said to be servants of the Raja of Kanika employed in the Bara Math in village Damarpur of which he is a trustee. Certain persons (referred to as the second party in these proceedings) took a lease of lands adjoining the math from the Mahant, and a suit by the Raja to eject them is said to be pending. Trouble arose between the two parties as a result of which the police made a report, asking that both parties should be bound down to keep the peace. The Magistrate then proceeded to dispose of the cases of both parties in the same proceeding. The five petitioners, forming the first party, and eight members of the second party were all called upon to show cause together. The matter was tried jointy, and eventually the members of both parties were bound down.

(3.) The result of the Magistrate's procedure was that the persons proceeded against were also examined as witnesses against each other, and were cross- examined. For example, petitioner was examined as P.W. 9, petitioner 3 was examined as P.W. 8, and these petitioners were actually cross-examined on behalf of the opposite party.