Kishore Ahir And Others v. King-Emperor Opposite Party.

Das, J.:— This application must succeed on the short ground that there was no power in the Magistrate to draw one proceeding against two different factions. The order of the learned Magistrate shows that he tried 53 men belonging to two different factions in a proceeding under section 107 of the Cr PC. It has been held in Kamal Narain Chaudhry v. Emperor(1), that the two opposing parties in a dispute cannot be proceeded against under section 107 of the Cr PC, in one proceeding.

2. In accordance with this decision I allow the application and set aside the order of the learned Magistrate.

3. Application allowed.