NANHE MAL Vs. JAMIL-UR-RAHMAN

JUDGEMENT

(1.) In this case the question is whether Section 45 of the Criminal Procedure Code or Section 147 of the same Code was the proper rule of law under which the Court below should have proceeded.

(2.) It appears that there is a well in Najibabad from which the Hindus draw water, but they object to the Mohammedans drawing it. A petition of complaint was filed on behalf of certain Mohammedans before the Court of a Magistrate complaining that the Hindus had been so using the well as to make it impossible for the Mohammedans to use the same. They complained, among other matters, that the Hindus were bathing at the well and defiling the well water.

(3.) The learned Magistrate issued notice to some of the Hindus and some of the Mohammedans and started a case under Section 145 of the Criminal Procedure Code. After taking evidence he tame to the conclusion that he was not satisfied as to the exclusive possession of either party and thereupon he ordered the well to be attached under Section 146 of the Criminal Procedure Code.