SURJYA KANTA ROY CHOWDHRY Vs. EMPEROR

JUDGEMENT

(1.) In this case Rule has been issued calling upon the Magistrate of the district of the 24- Perganas to show cause why the order complained of requiring the petitioners to give security for keeping the peace should not be set aside on the ground that the Sub-divisional Magistrate, who made the order, had no jurisdiction to made it, regard being had to the provisions of Sub-section 2 of Section 107 of the Criminal P. C., and on the further ground that no overt acts have been proved against the petitioners such as would justify the order against them for binding them down to keep the peace, and as regards the petitioner Babu Surjya Kanta Roy Chowdhry on the further ground that the amount of the security is excessive.

(2.) The facts of the case as appearing from the records are as follows: On the 17 April last the bazar at Taki, which belonged to Babu Jatindra Nath Chowdhry, and which. had been held on that site for 30 years and more, was destroyed by fire, Babu Jatindra Nath Chowdhry has a rival and old enemy Babu Surjya Kanta Roy Chowdhry, who has a house in Taki adjoining the site of the bazar, and separated from it only by a narrow road. The servants of Babu Surjya Kanta under, it is suggested, his order took advantage of the opportunity to attempt to start a rival bazar in the out-houses and compound of their master-adjoining the old bazar, and, as is usual in such cases, commenced to try to bring the vendors of the old bazar to the new one by promises and threats. Babu Jatindra Nath. and Babu Surjya Kanta are both influential zemindars and both are said to have retained a large force of barkandazes or latials at Taki. The result of the action of Babu Surjya Kanta and his servants was to bring the animosity between the two rival landlords to a head, and steps had promptly to be taken by the police authorities to prevent a breach of the peace. A strong force of police appears to have been deputed to the village, the District Magistrate himself visited the spot, and a temporary order was passed under Section 144, Criminal Procedure Code, restraining Babu Surjya Kanta and his servants from proceeding to set up the rival bazar. A formal report of all the facts seems then to have been made by the police to the District Magistrate and on that report the District Magistrate instituted proceedings under Section 107, Criminal Procedure Code,. against the two rival landlords and their servants.

(3.) The case was made over by the District Magistrate for hearing to the Subdivisional Magistrate of Basirhat and the result was that Babu Jatindra Nath and his adherents were discharged, while Babu Surjya Kanta Roy Chowdhry and some of his adherents were ordered to be bound over for one year on their own bonds and to furnish securities to keep the peace in the sums mentioned in the proceedings drawn up by the District Magistrate. Against this order the Rule in the terms already stated has been obtained.