AMOL SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) THIS revision has risen out of a case under Section 145 CrPC.

(2.) THE subject matter of dispute in. this case were plots Nos. 286-A and 286-B of village Galthuwa. According to O.P. No. 1 these plots belonged to O.P. No. 2 his wife, and she had always been in possession of it. THE applicant asserted his right and title to the disputed plots. He also alleged that he had been in possession of the same. This dispute led to an apprehension of breach of peace and O.P. No. 1 moved the court of S.D.M. Faridpur to initiate proceedings under Section 145 CrPC. THE learned Magistrate felt satisfied that there was an apprehension of breach of peace and he, therefore, passed a preliminary order on 30-7-1969 and attached the disputed plots. THE Magistrate after going through the material present on record felt satisfied that O. P. No. 1 had been in possession over the disputed plots on the date the preliminary order was passed. He therefore, released the disputed plats in his favour. THE applicant felt dissatisfied with the order passed by the Magistrate and went up in revision to the; court of Session. THE Sessions Judge made a reference to the High Court to quash the order passed by the Magistrate and the High Court quashed the Magistrate's order on the ground that the Magistrate had no jurisdiction to. release the property in favour of O. P. No. 1, when according to his own showing O. P. No. 2 had been in possession of the disputed plots at the time when the same were attached. THEreafter the Magistrate inquired into the matter and came to the conclusion that the disputed plots and the crops standing thereon had been attached from the possession of O. P. No. 2 and he, therefore!, released the same in her favour. THE applicant went up in revision against the order passed by the Magistrate to the Court of Session. THE Sessions Judge dismissed his revision and hence the present revision.