Virender Singh alias Shiv Kumar vs State of Haryana

K.K. Srivastava, J.

After hearing the learned counsel for the petitioner and respondent No. 3 and perusing the impugned order, annexure P5 dated 24.4.1995, passed by learned Additional Sessions Judge, Ambala whereby he dismissed the criminal revision filed against an order under Section 145(1) Cr.P.C. as not maintainable, I am of the view that this petition should be allowed. The reason is that the order passed under Section 145(1) Cr.P.C. by the learned S.D.M., Naraingarh on 15.11.1994 is an order initiating the proceedings under Section 145 Cr.P.C. The learned S.D.M. before taking action under Section 145(1) Cr.P.C. has to be satisfied from a report of a police officer or other information that a dispute likely to cause breach of peace exists concerning any land etc, and this would touch the jurisdiction of the learned S.D.M. Once the jurisdiction of the learned S.D.M has to be examined and considered as to whether in the given facts and circumstances he could assume jurisdiction to initiate proceedings under Section 145(1) Cr.P.C., such an order would be amenable to the revisional jurisdiction. Similar view ha been taken by this Court in the case of Surinder Singh v. State of Punjab, 1996(2) R.C.R. 154. Under these circumstances, this petition is allowed and the order of the learned Additional Sessions Judge to the extent of holding the revision against the order under Section 145(1) Cr.P.C. as not maintainable, is set aside and the learned Additional Sessions Judge, Ambala is directed to restore the criminal revision to his file and to proceed to decide the same on merits after affording a reasonable opportunity of hearing to the learned counsel for the parties. The parties are directed to appear before the learned Additional Sessions Judge, Ambala on 16.9.1996. Learned Additional Session Judge shall proceed to decide the revision expeditiously and preferably within two months from the date of receipt of copy of order of this court.