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1978 DIGILAW 42 (MP)

Hargovind Dixit v. Anand Mohan Dixit

1978-01-17

M.L.MALIK

body1978
Short Note : 1. On a complaint of non-petitioner Anand Mohan Dixit a case was registered by the Sub-Divisional Magistrate, under section 145 of the Code of Criminal Procedure. On 17.7.1976, non-petitioner remained absent. Sub-Divisional Magistrate observed that there was no likelihood of breach of peace. The preliminary order in consequence was cancelled and the proceedings were dropped. On 17.7.1976 the non-petitioner moved the S.D.M. to revive the proceedings and the S.D.M. was pleased to revive them. The enquiry was being held afresh. The learned counsel for the petitioners argued that once preliminary order was discharged on the S.D.M. coming to a conclusion that there existed no apprehension of breach of peace, he had no jurisdiction left to proceed further. 2. The proceedings which came to be dropped for reasons of absence of a party, could be revived on sufficient cause being shown. After all, an enquiry under section 145 of the Code, is a quasi-administrative enquiry, the object being to prevent breach of peace and to maintain tranquility. The procedure is both quasi-Criminal and quasi-civil. When a person makes an application to the S.D.M. to initiate proceedings, he does not institute a case. He just informs the Magistrate that the peace and tranquility is likely to be disturbed and the Magistrate should take such preventive measures as his discretion would, dictate. The dispute does not cease to be a dispute if a party drops out. The Magistrate would not drop the proceedings once commenced, unless he is satisfied that there is no likelihood of breach of peace. If he has been misled into believing that the dispute has ceased, the evidence being one sided, there is no prohibition to his commencing the proceedings again or even to revive the proceedings which had been dropped. What gives jurisdiction to the Magistrate is the likelihood of breach of peace concerning land. Past events to are not washed once the proceedings are dropped. If enquiry made was insufficient, fresh evidence coming to light would enable the Magistrate to commence proceedings again. Revision dismissed.