Successive Revisions taken before the Sessions Judge and the High Court having borne numberfruit, Mathuralal has filed the present appeal by special leave of this Court.
Appeal by Special Leave from the Judgment and Order dated 12 10 1978 of the Madhya Pradesh High Court in Criminal Revision No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
10 of 1979.
Thereafter, when the learned Magistrate wanted to proceed with the enquiry under Section 145 Criminal Procedure Code, an objection was raised by Mathuralal that such an enquiry was incompetent once the subject of the dispute had been attached under Section 146 Criminal Procedure Code.
The objection was overruled by the learned Magistrate.
N. Mukherjee and N. R. Choudhary for the Appellant.
Dalveer Bhandari for Respondent No.
336 of 1978.
On 2nd March, 1978, the learned Magistrate attached the subject of dispute under Section 146 1 Criminal Procedure Code companysidering the case to be one of emergency.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. On the report of the Station House Officer, Manak Chowk, Ratlam, that there was a dispute between Mathuralal and Bhanwarlal companycerning a house situated in Kambalpatti, Ghas Bazar, Ratlam, which was likely to cause a breach of the peace, the Sub Divisional Magistrate, Ratlam, passed a preliminary order under Section 145 1 of the Code of Criminal Procedure 1973, on Ist March, 1978.
