Asthana, J. - (1.) This is a revision application arising out of a case under Sec. 145, Code of Criminal Procedure The applicant filed a complaint alleging that he was in possession of certain plots and the opposite parties threatened to disturb his possession and on account of it there was an apprehension of breach of peace. The learned Magistrate sent for the police report and on receipt of the report attached the property in dispute. The police subsequently reported that there was no apprehension of breach of peace and this report was supported by the applicant. The learned Magistrate thereupon quashed the proceedings and ordered that the attached property was to be released in favour of the person from whose possession it was attached. Against this order the applicant filed a revision before the Sessions Judge, Mirzapur, who rejected it.
(2.) It has been contended on behalf of the applicant that after the learned Magistrate had come to the conclusion that there was no apprehension of breach of peace regarding the disputed property he had no further jurisdiction in the matter and he should not have passed any order for the release of the attached property, and in any case, he should not have directed the police to release the property in favour of the person from whose possession it was attached.
(3.) The question for consideration is whether the order of the learned Magistrate is wrong and it should be interfered with in revision. Learned Counsel for the applicant has relied in support of his contention on the following cases:;