KASHIRAM HAZARI Vs. ASARAM

JUDGEMENT

(1.) SUBHEDAR , A.J.C. 1. This rule wag issued at the instance of the applicant Kashiram to revise the order passed by the Sub-Divisional Magistrate, Baloda Bazar, under Section 107 read with Section 118, Criminal P.C., and confirmed in appeal by the Sessions Judge, Raipur, binding over the applicant for one year to keep the peace. The history of this case is a deplorable reading of the lack of promptitude and fact displayed by the Magistrate concerned in regard to taking proper timely measures for preventing possible breach of the peace, as the delay seems to have given ample opportunity to the other side to improve upon the otherwise simple case in its origin. As far back as 19th December 1927 a petition (Ex. P-1) was presented to the Sub-Divisional Magistrate by Asaram Malguzar and other cosharer Kashiram

(2.) INSTEAD of taking any action forthwith the Magistrate recorded the following curious order on the police report on 15th February 1928: The crops are now out there can be hardly any breach of the peace now. Put up later in May or June.

(3.) IT is indeed difficult, if not impossible, to understand the significance of the last portion of the first order and the second order. If the police report?was correct it certainly disclosed the necessity of taking prompt action under Section 145, Criminal P.C., against both the contending parties who were fighting about the lands in dispute. The papers were, however, again forwarded to the Sub-Inspector of Police who submitted his sepond report on 4th July 1928 and on the same date, the case was registered and the preliminary order under Section 112, Criminal P.C., was passed against the applicant and his brother Ajab. It is apparent that the two main causes of trouble given in Ex. P-1 had totally disappeared in the seven months that elapsed since the presentation of the original application, and three entirely new matters all subsequent to the first police report cropped up in the meanwhile leaving the bone of contention, viz., the alleged forcible cultivation of the land between the two tanks, intact. The three additional matters introduced in the second police report were: