Das, J. - (1.)Criminal Rules Nos. 604 and 605 of 1967 are heard together and disposed of by this order.
(2.)In both the Rules, the order dated July 15, 1967, initiating the proceedings is the same and it purports to (i) restrain the Petitioner -second party and also everbody else except the first party from going on the disputed land and evicting or threatening to evict the first party, (ii) direct the Petitioners to show cause under Sec. 107 of the Code of Criminal Procedure why they shall not be asked to execute bonds for Rs. 2,000 each, and (iii) issued warrant of arrest against the Petitioners under Sec. 114 of the Code of Criminal Procedure.
(3.)The first party made a complaint to the officer -in -charge, Hasnabad Police Station, on June 19, 1967, with forwarding memo, from the Secretary, Hasnabad -Hingalganj Anchalik Committee of the Communist Party of India wherein the said Secretary stated that he was sending the petition "in connection of the illegal eviction which is also a question of law and order", and further stating that "I hope you will (?) kind enough to depend (?) the poor bargadar in any way, as required". An assistant sub -inspector gave a report that the owner of the land was illegally evicting the bargadar and that there was an apprehension of breach of the peace. The officer -in -charge of the Police station recommended promulgation of an order under Sec. 144 of the Code of Criminal Procedure and also action under Sec. 107 of the Code of Criminal Procedure. The first order passed by the learned Magistrate on receipt of the report is dated July 15, 1967, in two separate records in indentical language, the summary of which I have given in the opening lines of this order.