BADRI NATH PANDEY Vs. U P STATE

JUDGEMENT

(1.) THIS is an application in Revision by Badri Nath Pandey to challenge the order dated 11-10-1962 of the Sub-Divisional Magistrate, Gyanpur, Varanasi, whereby the proceeding under Section 145 Cr P C. was dropped, the attachment of the property in dispute was withdrawn and the property was to he left as it was found at the time of the attachment though if was not to be handed over to any particular party.

(2.) THE facts of the case, in brief, are that apprehending breach of peace the applicant, Badri Nath Pandey moved the Magistrate for raking proceeding under Section 145 Cr. P C. with regard to two agricultural plots. The Magistrate was satisfied that there was an imminent danger of the breach of peace and, therefore, passed a preliminary order as contemplated by Section 145 Cr. P. C. and also attached the plots. Parties were called upon to file their written statements and also affidavits, The Magistrate was, however, not in a position to come to a decision as to which party was in possession or could be deemed to he in possession on the date of the preliminary order and, therefore, made a reference to the civil Court for recording a finding on possession. This order of the Magistrate was passed on 68-1962. The Reference was heard by the Munsif of Gyanpur, and he was also unable to record a finding as to possession of the rival parties. On receipt of this finding, the Magistrate found himself in difficulty as Sections 145 and 146 Cr. P. C, made no provision for such a finding of the civil Court. The Magistrate then passed the impugned order withdrawing the attachment and directing the property to be left as before without its being delivered to either of the parties.

(3.) THE learned Advocate for the applicant wants me to look into the propriety of the finding of the civil Court and, in the alternative, the propriety of the earlier order of the Magistrate making a reference to the civil court. The suggestion thus made is that this Court may somehow exercise the revisional jurisdiction to quash one or the other order so that difficulties being faced may be got case.