- (1.)THE station officer, Rampaili, filed an application in December 1947 requesting action under S. 107, Criminal P. C. against party No. 1, consisting of Laxminarayan and 8 others, and party No. 2 consisting of Taradatta and 14 others, as he apprehended a breach of the peace. On 6-3-1948, the Sub-Divisional Magistrate, Waraseoni, passed an order under Section 112, Criminal P. C. against both parties. Written statements were thereafter filed and the case was fixed for evidence on 7-7-1948 when it was adjourned to 20-7-1948 on which date party No. l filed an application for the vacation of the preliminary order on the ground that there was no material against them. Arguments were heard on 13-9-1948, and on the 21st of that month the Sub Divisional Magistrate, Waraseoni, vacated the preliminary order vis-a-vis party No. 1 and discharged all the members of that party. Thereafter, an application for revision of that order was made to the Additional Sessions Judge, Balaghat, and he has now reported the case under Section 438, Criminal P. C. , to have the order of discharge set aside on the ground of its illegality.
(2.)PARTY Ho. 2 had, on 18 9-1948, applied to the Sub-Divisional Magistrate, Waraseoni, to obtain certain applications made by the members of that party to the District Magistrate and the District Superintendent of Police, Balaghat, against the members of party No. 1; and the Sub-Divisional Magistrate in referring to this application in the order discharging party No. 1 made the following observations: No such applications have been filed by the Police nor seem to be in D. S. P. and D. C. 's office as none have been received so far as per my order, dated 18-6-1948.
(3.)THE reference made by the learned Additional Sessions Judge, Balaghat, was eminently proper, inasmuch as there were on record the application of the station-officer, Rampaili, to the effect that he apprehended a breach of the peace between the contending factions and an application, dated 19-12-1947, from Taradatta, a member of party No. 2, to the effect that in Katori, the village concerned, several members of party No. 1 had oppressed and tyrannized over the public there. There was also an allegation in that application that goondaism was in full force and that if it were not checked, there was every likelihood of a broach of the peace. The Sub-Divisional Magistrate, Warasooni, should also have obtained the applications referred to by party No. 2 before he passed the order discharging the rnembora of party No. 1. In short, I am clear that the members of party No. 1 were discharged without adequate or duo enquiry.