AMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the Revisionist, learned A.G.A. and perused the impugned order.

(2.) IT appears that proceedings under Section 145 (1) Cr. P.C. was initiated at the instance of the one party. The preliminary order under Section 145(1) Cr. P.C. and attachment order under Section 146(1) Cr. P.C. was issued. Thereafter proceedings were dropped by order dated 26 -2 -2001 on the ground that no breach of peace existed between the rival parties in respect of the disputed property.

(3.) I have gone through the order of the S.D.M. and that of the revisional Court. The provision of Section 145(4) Cr. P.C. lays down that after the service of summons the Magistrate shall peruse the statements filed, hear the parties, receive all such evidence produced by them and take such further evidence which he thinks necessary and then decide the possession.