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1949 Supreme(Pat) 82

AGARWALA
Dirgopal Singh – Appellant
Versus
Rambrich Singh – Respondent


Judgment

Agarwala, J.

1. This is an application made to set aside an order passed in a proceeding Under Sec.145, Criminal P. C. The facts are that an Assistant Sub-Inspector of Police reported to the Sub-divisional Magistrate of Bihar that the chaukidar of village Mathura had made a report at the police station that certain persons were obstructing the ploughing of the field of Dukhit Singh, and that hence there was an apprehension of a breach of the peace, and that, in consequence of this, he, the Assistant Sub-Inspector, had been sent to the village by the Officer-in-charge of the police Station. The Assistant Sub-Inspector proceeded to state that he went to the village and asked the parties not to quarrel and to produce before him the evidence relating to their possession. Both the parties did this. The Assistant Sub-Inspector ended with a suggestion that notices Under Sec.144 of the Code should be issued to both parties. The Sub-Divisional Magistrate issued notices against both parties on 21-7-1947, restraining them from going to the land in dispute and calling upon them to show cause why the prohibitory order should not be made absolute. Both parties appeared and filed written-






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