ORDER :- The facts giving rise to this revision are that on 22-7-1965 the Kotwali Police, Agra, submitted a report to the effect 'that in mohallah Dhuliaganj there exists a cinema house known as 'Basant Talkies,' whereof Bhagwat Saran (applicant) and Pannalal (opposite party no. 2) are lessees for a period of ten years. On 28-10-1961, the above parties have added two other partners in the business, viz., Gauri Shanker (opposite party no. 3), who is brother of Pannalal aforesaid and Smt. Kanak Lata, who is wife of Bhagwat Saran aforesaid. In 1964 some disputes started between the parties, with the result that on 2-9-1964 Bhagwat Saran applicant filed a suit in the court of the Civil Judge, Agra, on the allegations that he had already dissolved the partnership, or the same may be deemed to have been dissolved. He accordingly prayed for rendition of accounts of the Basant Talkies from 21-10-1961 onwards by Gauri Shanker and Pannalal.

On 21-12-1964 the Civil Judge passed an order that by common agreement of the parties, Pannalal and Gauri Shanker shall run the Talkies till the Commissioner submitted his report. However, on 25-2-1965, the Civil Judge set aside his previous order appointing a Commissioner. The Police report further stated that the relations between the parties became worse day by day till on 20-7-1965 at 12.5 mid-night a First Information Report was lodged by Ram Charan Lal Munim, on behalf of Pannalal and Gauri Shanker, against Bhagwat Saran and his companions for dacoity on the allegations that they had forcibly entered the Cinema house at about 7 p.m. and snatched away the keys and documents from him. The report went on to say on enquiry the police discovered it to be only a case of criminal trespass under Section 448 of I.P.C. The fact of the matter being that on the evening of 20-7-1965 Bhagwat Saran and his companions came to the Cinema house. On seeing these persons, Ram Charan Lal Munim left the place, with the result that now Bhagwat Saran is in possession of the Cinema house (Cinema par adhikar kiya huwa hai), while Pannalal's party-men are bent upon taking possession of the Cinema house by all possible means and are hovering round the building. On the other hand, Bhagwat Saran's followers are also ready to meet all contingencies. In the end, the report stated that in view of these circumstances there was grave apprehension of the breach of peace. Hence Basant Talkies should be attached under Section 145 Cri. P. C., otherwise very serious consequences may ensue. Necessary orders may be passed. A report under section 107/117 Cr. P. C. has also been submitted.

2. On receipt of the above report D/- 22-7-65 from the Police, the City Magistrate passed the following order that very day :

"No report under S. 107, Cri. P. C. has reached this Court so far. However, from P. R. (police report) forwarded by C. O. City, I am satisfied that there is a dispute regarding Basant cinema between the parties mentioned in the report. So, I, K. P. Gupta, C. M. hereby order that notices u/s. 145, Cri. P. C. be issued to parties for 30/7. Since imminent danger of breach of peace has been reported so S. H. O. Kotwali will attach this Cinema building including the contents and give it in supardgi of a reliable suprudar. An Armed Guard shall be posted there, if necessary. Supurdginama shall be sent to me."

3. The applicant challenged the above quoted order in revision before the Additional District Magistrate (Judicial) Agra and obtained an interim order of stay dated 22-7-65. The learned A. D. M. (J), by his judgment dated 3-8-65, dismissed the revision and vacated the stay order, hence this revision by Bhagwat Saran applicant.

4. Sri P. C. Chaturvedi, appearing for the applicant, has urged that : (1) the parties, being joint lessees, are in joint possession of the Cinema, so the provisions of Section 145, Cri. P. C. are inapplicable to their case, and (2) that the order passed by the City Magistrate under S. 145, Cri. P. C. is a speaki

Click Here to Read the rest of this document