Dolegobind Chowdhry And Ors. v. Dhanu Khan

1. This is a rule calling upon the Magistrate of the District to show cause why the orders complained of, purporting to have been made under Section 107 of the Code of Criminal Procedure, should not be set aside.

2. The ground upon which our interference is asked is, that the proceedings recorded show that the case is properly one for the [561] institution of proceedings under Section 145 0f the Code of Criminal Procedure, and not under Section 107. The order complained of is one that has the evident effect of binding down only one of the parties to the dispute, leaving the other party free, without any adjudication upon the question as to which of the two parties is in possession. We think the contention urged on behalf of the petitioners is right and ought to prevail.

3. We, therefore, set aside the order under Section 107.