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1973 Supreme(All) 138

K.B.SRIVASTAVA
ONKAR NATH TEWARI – Appellant
Versus
RAM ANJORE MISHRA – Respondent


ORDER

This reference arises out of proceedings under Section 145 Code of Criminal Procedure.

2. The facts are as follows :-

There is a Higher Secondary School at Lalganj in the district of Pratapgarh. Certain disputes cropped up between Ram Anjore Misra, Daya Shankar, and Rajendra Prasad, 1st party and Onkar Nath Lalta Prasad and Ram Chandra - IInd party regarding the administration and management of the school, the validity of its Managing Committee, and the validity of the appointment of the principal and each party claimed to be legally entitled to manage the school and all its landed property, building and appurtenances. The disputes started taking an ugly shape and there was an apprehension and likelihood of breach of peace. The Station Officer, P.S. Lalganj submitted a report to the learned Sub-divisional Magistrate Kunda on May 22nd 1969 about the likelihood of breach of peace on account of the said dispute and thereupon the learned Sub-divisional Magistrate passed an order on the same date, which I am tempted to quote in extenso. The order reads thus :-

"Whereas I am satisfied from the report of the S.I. Police dated 22-5-1969 that a dispute likely to cause breach of the pe










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