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1975 Supreme(HP) 24

PRITAM – Appellant
Versus
DURGA SINGH – Respondent


Advocates Appeared:
B. Sitaram, for Petitioners Sushil Malhotra, for Respondents.

ORDER

1. This is a petition under Section 482 of the Criminal Procedure Code and is directed against the order of the Magistrate presumably under Section 146 of that Code in a proceeding under Section 145 whereby a blot of land has been attached and a Receiver appointed for the standing crop of potato and wheat. The dispute arises in this way, Durga Singh and five others were complainants under Section 145 and they stated that they were tenants from one Sudhuru widow of Daulat Ram over land comprising 51 bighas, 16 biswas situate in Chak Koti. Tehsil Theog. According to them they had sown wheat and potato crop on this land. Pritam and Tulsi Ram present petitioners were stated to be usurping their possession and as such there was apprehension of breach of peace. The usual police enquiry was made and the learned Magistrate having been satisfied that a dispute likely to cause a breach of the peace existed concerning the aforesaid land, made the preliminary order on 17th May, 1975. Thereafter on 20th May, 1975 the learned Magistrate, presumably acting under Section 146, found that a case of emergency was made out and therefore he was unable to satisfy himself as to which of the parties





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