- (1.) THIS revision arises out of proceedings under S. 145, Criminal P.C.
(2.) THE facts are that on 15-6-1958 the Station Officer, Kotwali, made a report on which the magistrate, on 27-6-1958 drew up a preliminary order-under S. 145, Criminal P.C. There being an immediate apprehension of breach of peace the property in dispute was attached and the parties were called to file their written statements and adduce evidence. The parties did so. The learned magistrate felt unable to decide as to which party was in possession. He made a reference under S. 146(1) Criminal P.C. to the court of the City Munsif, Azamgarh. An application under S. 24, Civil P.C. was made to the-District Judge, Azamgarh, for the transfer of these proceedings to some other competent court. This application was after notice and a hearing, allowed and the proceedings were transferred to the court of the Munsif, Mohammadabad, Azamgarh, The learned Munsif, Mohammadabad, heard the parties and on 26-7-1961 recorded a finding that the first party was-and the second and the third parties were not, in possession of the involved property, on the date of the preliminary order. The matter came back before the referring magistrate who, in conformity with the adjudication of the civil court, released the property in favour of the first party and restrained the second and the third parties from interfering with the possession of the first party. Aggrieved, the second and the third parties went up in revision.
(3.) IN revision for the first time the competence of the court of the Munsif, Mohammadabad, Azamgarh to hear and decide the reference was raised. It was urged that S. 24, Civil P.C. was inapplicable and the District Judge had no jurisdiction to transfer the case. This contention was repelled on the ground that the point was not raised before the magistrate or in the memorandum of revision and that no prejudice appears to have occasioned to the applicants. The other points raised also failed. The revision was in the result, dismissed. The second and third parties have come to this court in revision. They urge that the civil court deciding a reference made by a magistrate under S. 146(1), Criminal P.C. docs not act as regular civil court, and that the provisions of the Civil Procedure Code or S. 24 thereof are not applicable to it; as such the finding of the transferee Munsif was incompetent and the magistrate could not decide the case in conformity with it.;