Rampini and Gupta, JJ.:— The Magistrate's order should no doubt have set out the grounds on which he was satisfied that a dispute likely to cause a breach of the peace existed. Further, it would have been better, if he had given the 2nd party an opportunity of adducing his evidence.
But the proceedings are under Chapter XII of the Code and are, therefore, not proceedings with regard to which these Judge had any powers of revision or reference.—S. 435(3).
We have no power to interfere except under the powers of “superintendence” conferred upon us by s. 15 of 24 and 25 “Vict., C. 104.
There is no provision in the law, which gives the Judge power to call for the record in such a case or to advise us, how we are to exercise our powers of superintendence. In the circumstances; we are not disposed to interfere.
D.S