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1948 Supreme(All) 139

AGARWALA
Babu Ram – Appellant
Versus
Rex – Respondent


ORDER

Agarwala, J. - These references arise out of proceedings under Sections 107/112 and 117, Sub-section (3), Criminal P. C.

2. It appears that there are two parties in the Sadh Community of Farrukhabad. One party i3 known as party No. l probably because it was so named in some litigation, and the other is known as party No. 2. There is a "Chauki Sadhan" at Farrukhabad where be to the parties claim to have a right of worship and to hold bhandaras, that is, religious feasts, on certain dates. There has been civil and criminal litigation between the parties. In March or April 1947, the first party wanted to hold a bhandara. Proceedings u/s 147, Criminal P. C., were initiated by the City Magistrate as he apprehended a breach of the peace. By an order dated 28th May 1947, the learned Sessions Judge declared the rights of be to the parties in the "Chauki Sadhan" to perform worship and to hold bhandaras. be to parties were dissatisfied and they filed revisions before the learned Sessions Judge which were ultimately decided by a learned Judge of this Court. Hardly had this litigation ended when a fresh trouble started.

3. On 18th August 1947 the first party was holding its bhandara and, it

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