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1986 Supreme(Pat) 221

ANAND PRASAD SINHA
Kamteshwar Rai – Appellant
Versus
Keshav Rai – Respondent


Judgment

Anand Prasad Sinha, J.

1. This application is directed against the final order passed in a proceeding under Sec. 145 of the Code of Criminal Procedure (hereinafter referred to as the Code).

2. The proceeding was initiated in the year 1966 about 20 years back and it has come to an end on 11-4-1983, that is, covering a period of about 17 years.

3. The learned counsel appearing on behalf of the petitioners has mainly confined his argument that there has been non-consideration of the evidence and documents in this case. He bas stated that there has been consideration of only a few documents.

4. Before I take up the merit of this case, I would like to mention that the very basis of a proceeding under Section. 145 of the Code is the apprehension of breach of peace and thus, the meaningful purpose of such a proceeding is to prevent such apprehension and any such declaration made by way of order in the proceeding is always subject to the verdict of a Civil Court of competent jurisdiction. In this view of the matter, continuation of such a proceeding of several decades or even for such period, which may be termed as unreasonable, betrays both the element of existence of apprehension






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