RAM PRATAP NARAIN SINGH Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This is an application for quashing the order dated 22.3.76 (Annexure 3) passed by the Sub -divisional Magistrate, Begusarai, in a proceeding under Sec. 144 of the Code of Criminal Procedure. Opposite Party no. 1 is the State of Bihar and opposite party no. 2 is the Officer -in -charge, G.R.P. Barauni Junction Railway. Opposite party no. 3 is Prabhat Kumar Mukherjee, Field Officer and Opposite party no. 4 is S.M. Ahmad, Manager of M/s. A.H. Wheeler and Company (Private) Ltd., 15 Lal Bahadur Shastri Marg, Allahabad (hereinafter referred to as 'the Company'). The Company is engaged in carrying on the business of Railway book stalls at different Railway stations throughout India. The Company has three book stalls located on different platforms at Barauni Junction Railway station.

(2.) The case of the petitioner is that in the month of June, 1968, the Company appointed the petitioner as its Commission Agent with respect to the aforesaid three book stalls at Barauni Junction Railway station and since then the petitioner has been in exclusive physical possession of the disputed book stalls and trollies at Barauni Junction Railway station. It is said that the officers and staff of the Company in order to have illegal gain wanted to appoint new agent and, therefore, started threatening and harassing the petitioner so that the petitioner might give up possession of the stalls. On 29.2.1976, at 11.30 hours, Opposite party no. 3 lodged an information with the Barauni G.R.P. to the effect that the agency of the petitioner was terminated on 9.1.76, but he refused to hand over charge to the Company and, as such, there was an apprehension of breach of the peace. On the same day, at 12:30 hours, the petitioner also lodged an information with the Barauni G.R.P. that Opposite party nos. 3 and 4 along with 9 and 10 other persons had called his son Awadhesh Kumar Sinha in the retiring (sic)oom and held out a threat to him that the possession of the book stalls would be taken by them forcibly. The police was requested to take appropriate action. The information lodged by Opposite Party no. 3 was entered as Station Diary Entry no. 755 and the information lodged by the petitioner was entered as Station Diary Entry no. 578 dated 29.2.1976. On 3.3.76, the Sub -Inspector of Police of Barauni G.R.P. submitted a report to the Sub -divisional Magistrate, Begusarai for action under Sec. 144 of the Code of Criminal Procedure (hereinafter referred to 'as the Code') against both the parties. On receipt of the police report, the Sub -divisional Magistrate, by his order dated 4.3.1976 drew up a proceeding under Sec. 144 of the Code against both the parties restraining them from going upon the disputed book stalls and requiring them to show cause as to why rule should not be made absolute against them. Opposite party no. 3 Prabhat Kumar Mukherjee and Opposite party no. 4 S.M. Ahmad were made first party and petitioner Ram Pratap Narain Singh was made second party in the proceeding.

(3.) Parties filed their show cause before the Sub -divisional Magistrate. In the show cause filed on behalf of the first party, it was stated that the agency of the petitioner had been terminated by the Company on 9.1.76 and a new agent Shri B.K. Tiwary had been appointed. Further contention of the first party was that the possession of the second party -petitioner was that of a permissive character and that in the event of this being revoked, the possession would be deemed automatically to be transferred in favour of the company.