Kalyan Dutta, J. - (1.) This is an application in revision filed by Rama Kisban and his two sons Shri Krishan and Baldeo Prakash against the judgment of the Additional Sessions Judge No. 1, Jodhpur, dated 7th February, 1978, by which the order of the City Magistrate, Jodhpur, dated 15th November, 1977, dropping the proceedings under section 145, Cr.P.C. on the ground of non-existence of a dispute likely to cause breach of the peace, was set aside and the case was sent back to him for taking further proceedings in the matter in accordance with law.
(2.) The relevant facts giving rise to this revision application may be briefly stated as follows
(3.) Shri Daulat Raj and Shy am Sunder, here in after referred-to as party No. 1, presented an application under section 145, Cr.P.C. before the City Magistrate, Jodhpur against Rama Kishan and his three sons, herein after referred-to as party No. 2. It was alleged in the application that party No. 1 took one enclosure along with two shops on lease from party No. 2 on a monthly rent of Rs. 60/-, vide letter dated 7th August, 1977. Latter on, a dispute likely to cause breach of peace arose between the aforesaid properties. On 18th August, 1977 when members of party No. 1 were sitting on the shop and getting some construction work done, the members of party No. 2 along with their other companions came there and asked the members of party No. 1 to vacate the land and, if they did not vacate it they would be forcibly ousted from the possession thereof. As the members of party No. 1 were determined to forcibly dispossess 2 party No. from the disputed property, and as there was likelihood of breach of peace on account of further threats held out by members of party No. 2 on 21st August, 1977, party No. 1 rushed to the court of the City Magistrate, Jodhpur, for initiation of proceedings under section 145, Cr.P.C. by way of an application.;