SRI DEO Vs. EMPEROR

JUDGEMENT

(1.) This case has been very properly referred to the High Court by the Sessions Judge of Budaun under Section 438 of the Code of Criminal Procedure. The matter came before him by way of an application for revision under Section 435 of the Code of Criminal Procedure off an order of a first class Magistrate.

(2.) There was a dispute about the possession of a house between two persons, Sahib Lal and Babu lal of the one part and two other persons Sri Deo and Kishen Lai of the other part. The Magistrate instituted proceedings under Section 145 of the Code of Criminal Procedure, He decided in favour of the first party and declared them entitled to possession under Section 145., He then found that there was a fear of disturbance on behalf of the second party, and ordered each of item to execute a bond of Rs, 200 each and to find a further surety of Rs. 200 each to keep the peace for one year and in default to undergo simple imprisonment.

(3.) There is nothing in Section 145 or in any section of the Code relating to proceedings there under to justify such an order. Information that a dispute is likely to cause a breach of the peace is one of the conditions precedent for proceedings under the section, but the Magistrate cannot in such proceedings make any order not provided for by the section. The Sessions Judge on the matter coming up before him called upon the Magistrate to afford an explanation.