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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
AIR 1923 Nag 54
All India Reporter, Nagpur Series
India - Maharashtra
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