BERISAL SINGH Vs. MATADIN
LAWS(RAJ)-1952-1-20
HIGH COURT OF RAJASTHAN
Decided on January 11,1952

BERISAL SINGH Appellant
VERSUS
MATADIN Respondents


Cited Judgements :-

AJAIB SINGH AND ANR. VS. AMAR SINGH AND ORS. [LAWS(P&H)-1963-5-32] [REFERRED TO]


JUDGEMENT

Sharma, J. - (1.)This is a reference by the Addi- tional Sessions Judge, Jhunjhunu, recommending that a composite order of the Sub-Divisional Magistrate, Khetri, under Section 145 as well as under Section 118, Criminal P. C. be set aside.
(2.)Matadin, who will hereafter be referred to as the first party, filed an application before the Magistrate that he was in possession of a certain field in village Jasrapur, but Berisal Singh ana others, who would hereafter be referred to as the second party, were disturbing his possession, and it was apprehended that there would be a breach of the peace, the field be, therefore, attached, pending enquiry, and after the decision, possession might be delivered to him. It was also prayed that the second party be bound down under Section 107, Criminal P. C.
(3.)The learned Magistrate referred the case for a police report, and on the receipt of the police report, he made an order that the second party should show cause why they should not be bound down under Section 107, Criminal P. C. to execute bonds for keeping the peace for one year. This order was made on 26-9-1950. It was also ordered that notices be issued to the second party under Section 145, Criminal P. C. about actual possession.


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