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[1923] Nag 54
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[1923] Nag 54
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India - Maharashtra
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circa 1923
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 1
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Q P Dick--for R " establish that some members of the gang Judgment:--The applicant Dhuma committed various acts We do not want alias Aimaram has been bound over to be proved that on every occasion the under section 107 of the Ciiminal whole gang were together It is sufficient Procedure Code It is contended if the evidence establishes that there is a for him here that the evidence on gang of persons joined together to commit record does not justify the order passed such acts as the security section exists to because it does not show that the appli prevent and viewed from this aspect 1 have cant is likely to commit a breach of the no doubt that the six applicants were peace or to disturb the public tranquillity rightly tried together After all, the Dis It seems that there is some dispute between trict officials are responsible for the peace the applicant and one Dada Patel of of their districts and when the Sub-Divi Wadgaon over a field Applicant was pro sional Magistrate and the District Magis secuted for criminal trespass said to have trate are satisfied by evidence that the been committed on 18-7-22 in this field occasion has arisen to bind down certain but in that case he was acquitted It people to be of good behaviour, I am has been held by this Court that a dispute always loath to interfere with such orders about land, which would justify proceed unless it is obvious that a miscarriage of ings under section 145 of the Code of justice has taken place In the present Criminal Procedure, does not bar proceed case there is evidence which, if believed, ings under section 107 of that Code But establishes that the reasons exist for the if the complainant is out of possession of course the Magistrate has taken and it the land in dispute, and there is no danger seems to me that the six applicants have of a breach of the peace unless he attempts been rightly dealt with I therefore de to resume possession, he should be refer cline to interfere and dismiss all six appli red to his remedies under section 145
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India - Maharashtra
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circa 1923
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