B GAJADHAR SINGH Vs. STATE

JUDGEMENT

(1.) This is an application in revision against an order of the Sessions Judge of Banaras rejecting the applicant's application for being restored to possession of property attached in proceedings under Section 145, Cr. P. C.

(2.) The applicant started proceedings under 3. 145, Cr. P. C. against the opposite party some time in February, 1945, in respect of the property in dispute. That property was attached during the pendency of those proceedings.

(3.) The Magistrate holding the proceedings passed an order under Section 145(6), Cr. P. C. on 18-5-1945 holding that the applicant was in possession of the property on the date on which the preliminary order under Section 145(1) had been passed, (its date is not known) and declaring him to be entitled to remain in possession until evicted therefrom in due course of law. The exact order passed by the Magistrate is not before me, but it should have been in the form mentioned by me. The Magistrate also ordered that the property should be released from attachment in the applicant's favour.