- (1.)It is clear that the Magistrate has made no final order under Chapter XII of the Code of Criminal Procedure.
(2.)He says in his proceedings of July 17th: "I refrain from taking proceedings under either of the aforesaid sections (Sections 145 or 107 of the Code of Criminal Procedure) just at present". "If the counter-petitioners persist in interfering with the petitioners possession of the mil), I shall be constrained to institute regular proceedings under Section 107 of the Cede of Criminal Procedure; but I hope and trust that they will refrain from doing so I wish to make it clear that I am not actually issuing an order, disobedience to which is ipso facto a criminal offence".
(3.)Also it does not appear that he issued any order, as is required by Section 145(6) forbidding all disturbance of the possession, of the successful party until eviction, in, due course of law.