In Re: Ekram sing

Prinsep, J.—This is an application made to us by one of the parties who has boon called upon to show cause why he should not be bound over to keep the peace, because he is concerned in a dispute regarding land, and it is admitted to us that the Magistrate has called upon the other party to show cause why they should not be similarly bound over. It is represented to us that this is a matter which should be more properly dealt with under sec. 145, Cr. P. C., and we have placed before us an order made by the District Magistrate on an application on this subject. We so far agree with the District Magistrate when he says that this is not a case for sec. 145, Cr. P. C. only, and we also agree with the Magistrate so far that, where both parties contemplate a breach of the peace, it may be desirable to bind them both over. But we find ourselves unable to pass any order on this application because we are not competent to direct proceedings to be taken under sec. 145, and this is the object that the Petitioner has in view. At the same time we think that we may well point out to the District Magistrate that the mere binding over both the parties to keep the peace in a dispute concerning land does by no means put an end to the contention, whereas by taking proceedings under sec. 145, he is able to pass an order by virtue of which possession of one of the contending parties is maintained until the right has been determined by a competent authority, and we, therefore, in making these remarks leave it to the Magistrate to determine whether in this view it would not be desirable to institute such proceedings.