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Babua Singh and ors. Vs. Angnu Kewat - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All31; 66Ind.Cas.527
AppellantBabua Singh and ors.
RespondentAngnu Kewat
Excerpt:
criminal procedure code (act v o1 1398,), section 435 (3), 145, proceeding under - finding as to breach of the peace, whether essential--revision. - - it is true that there is no finding directed to this fact, but the notice shows that the magistrate was satisfied that there was a serious dispute between the parties and, in consequence, ha issued the notice, and in the judgment it appears that there is a quarrel between the parties with reference to the possession of several plots of land......it appears that there is a quarrel between the parties with reference to the possession of several plots of land. i cannot say that this is not a proceeding contemplated by section 145, criminal procedure code, i, therefore, cannot interfere. the application is rejected.
Judgment:

1. Under Section 435, Clause (3), I am precluded from interfering in revision in a matter under Section 145, Criminal Procedure Code. It is, however, contended that this is not a proceeding contemplated by that section, because it is aid that there is no finding that there was any likelihood of a breach of the peace. It is true that there is no finding directed to this fact, but the notice shows that the Magistrate was satisfied that there was a serious dispute between the parties and, in consequence, ha issued the notice, and in the judgment it appears that there is a quarrel between the parties with reference to the possession of several plots of land. I cannot say that this is not a proceeding contemplated by Section 145, Criminal Procedure Code, I, therefore, cannot interfere. The application is rejected.


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