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Maqbul Ahmad and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in68Ind.Cas.836
AppellantMaqbul Ahmad and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 145 dispute relating to claim to weigh grain and realise weighment duet, whether covered by. - .....there was a likelihood of a breach of the peace between the old weighmen and the applicants. the learned magistrate thereupon issued a notice to the applicants under section 115 of the criminal procedure code calling upon them to show cause. the notice that was issued by the learned magistrate stated thatwhereas on the report of the police it had come to his notice that there was a dispute between the two parties, with regard to the right of weighing and with regard to the possession of the right of weighing, the notice is, therefore, issued to show cause.3. the applicants appeared and showed cause, the learned magistrate passed an order, to the effect, that the weighmen are entitled to possession of the weighing does until evicted therefrom in due course of law, in revision, to this.....
Judgment:

Rafique, J.

1. This is a revision from an order purporting to have been passed under Section 145 of the Criminal Procedure Code, It appears that one Maqhul Ahmad is the proprietor of a market-place where there are grain shops. One set of persons claims to have the right of weighing grain in that market. Maqbul Ahmad asked the said men to give him a certain percentage on the earnings on the weighing as his dues as a Zeminder. They objected and would not pay him. Thereupon Maqbul Ahmad permitted the applicants to weigh the grain in the market and the applicants agreed to pay Maqbul Ahmad his Zamindari dues.

2. The Police reported that there was a likelihood of a breach of the peace between the old weighmen and the applicants. The learned Magistrate thereupon issued a notice to the applicants under Section 115 of the Criminal Procedure Code calling upon them to show cause. The notice that was issued by the learned Magistrate stated that

Whereas on the report of the Police it had come to his notice that there was a dispute between the two parties, with regard to the right of weighing and with regard to the possession of the right of weighing, the notice is, therefore, issued to show cause.

3. The applicants appeared and showed cause, The learned Magistrate passed an order, to the effect, that the weighmen are entitled to possession of the weighing does until evicted therefrom in due course of law, In revision, to this Court, it is contended, on behalf of the applicants, that Section 145 of the Criminal Procedure Code, is not applicable to them. There is no dispute between the applicants and the old weighmen about possession of land or water. I think the contention for the applicants is correct. The dispute between the old and the new weighmen could have been decided by the learned Magistrate, if he was of opinion that the said dispute was likely to cause a breach of the peace, under Section 107 of the Criminal Procedure Code. The claim to weigh grain in a market and realize the weighment dues is not, in my opinion, covered by Section 145 of the Criminal Procedure Code. I, therefore, allow the application and set aside the order of the Magistrate.


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