- (1.) S. N. Saxena, J. This revision application is directed against the order dated 6-3-1991 of S. D. M. Karvi, district Banda whereby he exercised juris diction under Section 145 of the Criminal Procedure Code in respect of the property in dispute which included a Dharamshaia also and directed the parties to maintain status quo.
(2.) THE proceedings had commenced on the basis of an enquiry sent to the Sub-Divisional Magistrate by the District Magistrate, Banda, for report after enquiring into the matter. Notices were issued to both the parties to appear before the S. D. M. on 2-4-1991. THE S. D. M. mentioned in the order that some undesirable persons were trying to mismanage the Dharamshaia due to which there was an apprehension of breach of peace. THE revsionist felt aggrieved from the or ler of the S. D. M. dated 16-3- 1991, and preferred this revision application. One Triveni Das, who claimed himself to be the Chela of Mahant Damodar Das filed affidavit in support of the revision application. The opposite parties 1, 2 and 3 contested the revision application. They claimed to be the decendants of the trustees whose duty it was to manage the affairs of the Dharamshaia and the other property attached to in including a temple. They contended that the revision application was not maintainable mainly because the S. D. M. had not exercised his jurisdiction under Section 145, Cr. P. C. According to them, the impugned order was passed by the S. D'. M. in accordance with some other provision of law and not in accordance with Section 145, Cr. P. C.
(3.) LEARNED Counsel for --the parties argued mainly on the aforesaid controversy. After going carefully through the impugned order dated 16-3-91,1 find that this order purported to be under Section 145, Cr. P. C. Although the provision was not specifically mentioned in it. He had taken cognizance of the matter mainly because apprehension of breach of peace was there between the parties and the reason for the same was immoveable property consisting of Dharamshaia and temple etc. The sole reason for passing the impugned order was to prevent breach of peace.;