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Langpoklakpam Damu Singh Vs. Irengbam Achouba Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtGujarat High Court
Decided On
Judge
Reported in1975CriLJ1088
AppellantLangpoklakpam Damu Singh
Respondentirengbam Achouba Singh and ors.
Excerpt:
- - the case of the first party was that he engaged the second party as tenant of the land for about 2 or 3 years, but he failed to pay the loushal and as such he does not like to keep him as a tenant and asked the first party in time not to cultivate the land. 1,000/- with one surety of like amount to keep the peace during the pendency of the case. 3. when there is likelihood of the breach of the peace with regard to a dispute over land, the proper procedure is to draw proceedings under section 145 of the code and not under section 107. the impugned proceedings, therefore, are bad in law and are quashed......is the petitioner before this court. the case of the first party was that he engaged the second party as tenant of the land for about 2 or 3 years, but he failed to pay the loushal and as such he does not like to keep him as a tenant and asked the first party in time not to cultivate the land. he apprehended breach of the peace when he went to cultivate the land and as such filed the application.2. eventually, the magistrate drew proceedings under section 107 of the code against the present petitioner by his order dated 28-3-1974 and by his order dated 3-8-1974 he directed him to-execute an interim bond of rs. 1,000/- with one surety of like amount to keep the peace during the pendency of the case.3. when there is likelihood of the breach of the peace with regard to a dispute over.....
Judgment:
ORDER

Baharul Islam, J.

1. This is an application in revision and for quashing certain proceedings under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code'). The dispute relates to a piece of land measuring one pan of land. The second party is the petitioner before this Court. The case of the first party was that he engaged the second party as tenant of the land for about 2 or 3 years, but he failed to pay the loushal and as such he does not like to keep him as a tenant and asked the first party in time not to cultivate the land. He apprehended breach of the peace when he went to cultivate the land and as such filed the application.

2. Eventually, the Magistrate drew proceedings under Section 107 of the Code against the present petitioner by his order dated 28-3-1974 and by his order dated 3-8-1974 he directed him to-execute an interim bond of Rs. 1,000/- with one surety of like amount to keep the peace during the pendency of the case.

3. When there is likelihood of the breach of the peace with regard to a dispute over land, the proper procedure Is to draw proceedings under Section 145 of the Code and not under Section 107. The impugned proceedings, therefore, are bad in law and are quashed.

4. The Magistrate may draw proceedings under Section 145 of the Code if warranted by the facts and circumstances now prevailing.

5. In the result, this application is allowed. The rule is made absolute.


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