appeal by special leave from the judgment and order dated 26 9 1979 of the allahabad high companyrt in crl.
for quashing the order of the magistrate.
the judgment of the companyrt was delivered by fazal ali j. this appeal by special leave involves a short point of law.
against this order the respondents moved the high court under s. 482 cr.p.c.
criminal appellate jurisdiction criminal appeal number 474 of 1980.
pramod swarup for the appellant.
case number 356/79.
the high companyrt found that as there was numberclear finding by the magistrate in the final order that there was an apprehension of breach of the peace therefore the final order was bad and the high companyrt accordingly allowed the petition and remitted the case to the magistrate.
proceedings under s. 145 was started by the magistrate against the respondents on the basis of a police report.
d. upadhyaya and m. m. l. srivastava for the respondent number 1.
after passing a preliminary order on the 29th july 1976 wherein the magistrate had recorded reasons for his being satisfied that a breach of the peace existed the magistrate called upon the parties to file their written statements and then after a full enquiry as provided by s. 145 the magistrate passed the final order on 17th july 1978 declaring the appellant to be in possession of the land in dispute.
