V.N. Varma, J. - (1.) THIS revision has arisen out of a case under Section 145 of the Code of Criminal Procedure.
(2.) THE subject matter of dispute in this case is a house situate in Moballa Nai Basti Madhobari within the circle of police station Baradari, district Bareilly. This house belongs to opposite party Ganga Nath. The applicant lived in it as his tenant. It appears that a dispute arose between them in regard to this house and that dispute turned out to be such as was likely to cause breach of the peace. Subsequently, things deteriorated to such an extent that the police was forced to arrest both of them under Section 151 Code of Criminal Procedure. Later on the police initiated proceedings against them under Sections 107/117 Code of Criminal Procedure and moved the Magistrate concerned to take action under Section 145 Code of Criminal Procedure. The Magistrate felt the fit was a case of emergency and, therefore, attached the disputed house and placed it in possession of a Supurdar. The applicant felt aggrieved with this order of the Magistrate and went up in revision to the Court of Sessions Judge, Bareilly. The Sessions Judge Bareilly dismissed his revision and hence this revision in this Court. A11 that the learned Counsel for applicant urged before me was that it was not a case of emergency and therefore, the learned Magistrate was not legally competent to attach the disputed house and place it in the possession of Supurdar. This contention of the learned Counsel has no substance in it. It is always open to a Magistrate to attach the subject matter of dispute in case he feels satisfied that the case was one of emergency. This satisfaction of the Magistrate is his subjective satisfaction and this Court will not ordinarily examine whether the grounds upon which the Magistrate was satisfied afford a reasonable foundation for his satisfaction. In this case, I however, find that the Magistrate had sufficient grounds for satisfying himself that it was a case of emergency. Both the parties had been quarrelling over the disputed house so much so that the police had to step in and had to arrest them under Section 151 Code of Criminal Procedure. The police had also to take proceedings against them under Section 107/117 Code of Criminal Procedure. Therefore, on the facts, as they stood, the learned Magistrate was perfectly justified in treating this case as a case of emergency. He, therefore, rightly attached the disputed house and placed it in the Superego of a responsible man.
(3.) THIS revision is, therefore, without any substance and must fail. Accordingly, I reject it. It will, however, be open to the applicant to move the Magistrate to reconsider the question whether any emergency still exists or not.;