SITA RAM Vs. CROWN

JUDGEMENT

(1.) Sitaram applies under Section 435, Criminal P.C. for the revision of the order passed by Shri K.C. Grover, Magistrate 1 class, Amritsar on 21 August 1948.

(2.) The facts, so far as material, are that a building consisting of a temple, shops, a hall and a chaubara situate in Katra Nihal Singh Atta Mandi, Amritsar, belongs to the Panchayat Shikarpuri Biradri, hereinafter referred to as the applicant. The allegations are that the hall and the chaubara were given for three days by the applicant to Sitaram on 22 February, 1948 for use on the occasion of the marriage of his daughter. Indeed, the case states that Mela Ram made an application to the Panchayat on 20 February 1948 on behalf of Sita Ram for the- reservation of the hall and the chaubara for three days between 23 February to 25 February 1948 for use on occasion of the marriage-of the daughter of Sita Ram and that the possession of the hall and the chaubara was made over to Sita Ram on 22 February, 1948. It is stated: that Sita Ram has returned the possession of the hall to the applicant but has refused to return the possession of the chaubara. He was asked by Mela Ram and the Shikarpuri Biradri to vacate the chaubara, but he became rowdy and apprehending imminent breach of the peace the matter was reported to the police by Mela Ram,. vide Ex. P.J., on n April, 1948. The police has, thereupon initiated proceedings against Sita Ram under Section 145, Criminal P.C. and this petition has arisen out of those proceedings.

(3.) Now, on 12 April 1948, Mr. F.C. Grover, Magistrate 1 class, Amritsar, taking actions under Section 145, Criminal P.C. passed the order: Let the chaubara in dispute be attached till decision as to which party was in actual possession of such chaubara. From the police report I find that there is likely a breach of the peace and I consider it expedient that the disputed property be attached till the decision, by this Court. Notice to the parties to this effect to issue to appear on 16 April 1948. In pursuance of this order warrants for the attachment of the chaubara were issued on the game day and the chaubara in question was attached by locking the room. Another warrant of attachment was issued on 15 April, 1948 fop the attachment of the courtyard in front of the-chaubara and the courtyard was likewise attached on 16 April 1948.