1 791.11-apl IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL APPLICATION NO. 791 OF 2011 Shri Hetal Kantilal Patel. ... Applicant. V/s. The State of Maharashtra and another. ... Respondents. Prakash Naik for the applicant. Y.M.Nakhwa, APP for the State. CORAM: B.R.GAVAI, J. DATED : 9th August 2011. P.C. : Rule. Rule is made returnable forthwith. Heard finally be consent of parties. 2. The incident in question pertains to a solitary incident. The perusal thereof would reveal that the complainant was working as an Assistant with one Harshad Patel. The applicant and other residents of the building; wherein the said Harshad Patel was residing had asked about the whereabouts of said Harshad Patel from the complainant and, as such, he was beaten. The learned counsel for the applicant submits that in pursuance of the said crime, the applicant was arrested and also released on bail. 3. By now it is a settled position of law that powers under Chapter VIII can be invoked only when the person against whom action sought to be 2 791.11-apl taken has committed breach of peace, or disturbed public tranquility or done wrong act that would probably occasion breach of peace or disturb tranquility. A private dispute between two persons cannot be said to be of such a nature which would disturb the public tranquility and would amount to breach of peace. In that view of the matter, impugned order is not sustainable in law. Rule is, therefore, made absolute in terms of prayer clause (a). (B.R.GAVAI, J.)