S.R.BHARGAVA, J. - (1.) THIS revision is directed against revisional order quashing the proceedings under section 145 Cr. P.C. and directing the parties to seek their remedy before the competent court.
(2.) A preliminary order under Section 145 (1) Cr. P.C. was issued. Then the Magistrate perused the replies of the parties and evidence adduced before him. He gave his findings regarding possession and passed consequential order. Both the parties filed revisions against the said finding and order. Learned revisional court was of the view that civil suit about the disputed property had already been decided and that the Magistrate did not record any finding regarding apprehension of breach of peace. With these findings learned revisional court passed the impugned order. In the civil suit one Shiv Narain was plaintiff and revisionists Kamta Prasad and Sant Kumar alongwith Mahadeo father of O.P. No. 2 Kunware were defendants. This suit was dismissed by the trial court and appeal was also dismissed. It does not appear that there was any adjudication interse the defendants of that suit. Hence learned Magistrate could not take advantage of the decision of that suit in deciding the question of possession between the parties to the proceedings under Section 145 Cr.P.C. It is evident that the learned Magistrate being satisfied with apprehension of breach of peace issued preliminary order under Sec. 145 (1) Cr.P.C. He still had jurisdiction to drop the proceedings under Section 145 (5) Cr.P.C. on the ground that apprehension of breach of peace has ceased to exist. For dropping the pro­ceedings under Section 145 (5) Cr. P.C. either of the parties could have claimed that apprehension of breach of peace has ceased to exist and should have adduced evidence to that effect. Then only the Magistrate could have been required to record a finding whether apprehension of breach of peace has ceased to exist or not. If he found that the apprehension of breach of peace has ceased to exist, he could have dropped the proceedings under Section 145 (5) Cr.P.C. Having gone through the judgment of the lower revisional Court I am of the opinion that the learned revisional court quashed the proceed­ings illegally. Learned- lower revisional court ought to have disposed of the revision on merits.
(3.) HENCE the revision is allowed Judgment and order of the lower revisional court is set aside and the revision is sent back to the revisional court for fresh disposal on merits at an early date. Revision Allowed.;