Bejoy Singha Neogi and others vs Empress

We think that this is not a case in which the Magistrate should have taken action by requiring the parties to give security to keep the peace. The Magistrate has found that the persons who attempted to do bastu pujah which is said to have provoked the Petitioners were not entitled to perform this pujah and, therefore, if these persons acted properly and within their rights, there is no reason to suppose that any broach of the peace was likely to be committed. If, on the other hand, the Magistrate finds that there is likely to be some dispute regarding the possession of this waste land as may be indicated by the dispute relating to the erection of the hut -- and we are not sure whether this hut was a structure erected merely for the purpose of the bastu pujah,--then the proper course for him to have taken would have been to have instituted a proceeding under sec. 145, Cr.P.C. So far as the acts imputed to the Petitioners in this proceeding are concerned, there is nothing to show that there is any probability of a breach of the peace, if the aggression of which they complain and which has been found to be in excess of the rights of the aggressing party is not continued. The order of the Magistrate is, therefore, set aside as without jurisdiction and not warranted by the facts before him.