KAMTA PRASAD AND ANOTHER Vs. KUNWARE AND ANOTHER

JUDGEMENT

(1.) THIS revision is directed against revisional order quashing the proceedings under section 145 Cr. P.C. and directing the parties to seek their remedy before the competent court.

(2.) A preliminary order under Section 145 (1) Cr. P.C. was issued. Then the Magistrate perused the replies of the parties and evidence adduced before him. He gave his findings regarding possession and passed consequential order. Both the parties filed revisions against the said finding and order. Learned revisional court was of the view that civil suit about the disputed property had already been decided and that the Magistrate did not record any finding regarding apprehension of breach of peace. With these findings learned revisional court passed the impugned order.

(3.) HENCE the revision is allowed Judgment and order of the lower revisional court is set aside and the revision is sent back to the revisional court for fresh disposal on merits at an early date. Revision Allowed.