M.C. Tripathi, J. - (1.) The question referred to this Bench for decision by Tripathi, J. is: Whether an order passed by a Magistrate Under Sub -section (1 -B) of Sec. 146 of the Code of Criminal Procedure disposing of the proceeding Under Sec. 145 in conformity with the decision of the civil court is amenable to the revisional powers of the Sessions Judge and the High Court.
(2.) For an answer of the question it will be useful first to examine the relevant provisions of the Code of Criminal Procedure. Sub -section (1) of Sec. 145 Code of Criminal Procedure provides for the procedure -to be followed by the Magistrates when a dispute concerning any "land or water" of the boundaries thereof is likely to cause breach of peace.
(3.) Sub -section (1) of Sec. 145 Code of Criminal Procedure runs thus - - Whenever a District Magistrate, Sub -Divisional Magistrate or Magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his Jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute and further requiring them to put in such documents, or to adduce, by putting in affidavits, the evidence of such persons, as they rely upon in support of such claims.;