VIJAY NAGPAL Vs. MAHANT SANT SWAROOP

JUDGEMENT

(1.) THE Sub-Divisional Magistrate (Executive), Amritsar vide his impugned under dated 31.10.1989 had dropped proceedings under Section 145 of the Code of Criminal Procedure, 1973 as his predecessor had not passed any order under Section 145(1) of the Code but holding that Mahant Sant Swaroop, Akhara Brahm Buts, Amritsar being in possession of the disputed property, and that there was no apprehension of breach of peace.

(2.) THE only grouse of the learned counsel for the petitioner-first party before the trial court is that there was no occasion for the Sub-Divisional Magistrate to give finding regarding the possession of the property in proceedings under Section 145 of the Code of Criminal Procedure without passing any order under sub-section (1) of Section 145 of the Code and that once the proceedings were decided to be dropped on the ground of lack of any apprehension regarding breach of peace over the property in dispute, there was no occasion for giving finding as to which party was in possession.

(3.) THE provision of Section 145(1) of the Code of Criminal Procedure, 1973, runs as under :