HIGH COURT OF HIMACHAL PRADESH
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V D.MISRA,C.J. - -
(1.) This order will dispose of Criminal Revision No. 13 of 1978 and Criminal Revision No. 104 of I979, as common questions of fact are involved in these two cases.
(2.) The facts in brief, are that Sahnu Ram had taken on rent a room and a kitchen from Smt Harfi. He was carrying on his tailoring business in that room. Smt Harfi was anxious to get rid of Sahnu Ram. It is alleged that on 21 -5 -1977 Harfi along with one Bainj Ram started dismantling the roof of the shop. When Sahnu Ram objected, they threatened him. He reported the matter to the police and a case under section 448 was registered against Harfi and Bainj Ram.
(3.) On 23 -5 -1977 when Sahnu Ram went to his shop, he found that in addition to his lock another lock had been put on the door of the shop by the land -lady. Sahnu Ram asked the land -lady to remove her lock. Instead of removing her lock, Harfi and Bainj Ram threatened Sahnu Ram with dire consequences. As a result thereof Sahnu Ram moved an application under sections 145/147/107 Cr. P C. against Harfi and Bainj Ram on 27 -5 -1977. Requisite order under subsection (1) of section 145 Cr. P. C was passed by the Executive Magistrate and the parties were directed to produce evidence. During the course of proceedings, the learned Magistrate by his order dated 16 -2 -1978 held that "the case application is hereby dismissed and proceedings are terminated. Both the respondents are hereby discharged". The only reason given for passing this order was that there was no imminent danger of breach of peace since the passion of the parties had cooled down during the pendency of the case and because "a period prescribed under the law was expired." Sahnu Ram challenges this order in Criminal Revision No. 13 of 1978.;
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