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1958 Supreme(All) 103

M.C.DESAI, A.N.MULLA
GANGA SINGH – Appellant
Versus
RAJ BAHADUR SINGH – Respondent


Advocates Appeared:
D.N.Bhattacharji, Rama Shankar Srivastava

M. C. DESAI, J.

( 1 ) THIS is a reference made by the Sessions Judge of Rae-Bareli against an order of the sub-Divisional Magistrate, Mandal, terminating proceedings under Section 145 o the Code of criminal Procedure on the ground that there was no longer any apprehension of a breach of the peace. The applicant before us made a complaint to the learned Sub-Divisional Magistrate to the effect that there existed a dispute relating to certain plots of land, which was likely to cause a breach of the peace. The learned Magistrate being satisfied that such a dispute existed issued a preliminary order under Sub-section (1), in response to which he appeared before him and led evidence. He then dropped the proceedings by the order sought to be revised. He said in his order that the question before him was whether there was any apprehension of a breach of the peace or not, referred to the statement of the applicant himself to the effect that no quarrel had taken place regarding possession, and held that this statement proved that there was no apprehensioa of a breach of the peace and that there was no necessity of deciding which party was in possession. The order of the learned Magistrate wa
















































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