RAM AUTAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi, J. This revision has been filed by revisionist, Ram Autar Pan dey against the judgment and order dated 28th September, 1989 passed by IIIrd Additional City Magistrate, Varanasi in Criminal Case No. 39 of 1984, by which the learned Magistrate rejected the application of the revisionist under section 145 (5) Cr PC for dropping the proceedings under Sec tion 145, Cr PC.

(2.) THE proceedings in the case were initiated on the report of Station Officer, police station Chetganj, district Varanasi dated 6-11-1984 in which he had said that there is a dispute likely to cause breach of peace between the par ties in respect of possession of temple of Hanuman Jee situated in a hall con structed at plot No, 392. On this report of SO concerned, Sri A. K. Chaturvedi, the then City Magistrate, Varanasi passed a preliminary order on 7-11-1984. Being aggrieved, revisionist Ram Autar Pandey on behalf of first party filed an objection stating therein that the proceedings be dropped. THE second party alleged that a temple is being raised from 31-10-1984 and the building was constructed as Gurudwara for Sikh Community. THE learned Sub-Divisional Magistrate refused to drop the proceedings, therefore, this revision.

(3.) THE revision is hereby dismissed. THE learned Magistrate is directed to proceed with the case afresh. It is further directed that the records be returned im mediately to the lower Court for further proceedings in the case. Revision dismissed. .