B. N. Katju, J. - (1.) THIS is an appli cation under Section 482 CrPC.
(2.) THE Dy. S. P. II, Jaunpur sub mitted a report dated 13-9-1972 before the S. D. M., Shahganj, and Magistrate 1st class Jaunpur which runs as follows : "I have to report to you that the three colleges in the Samodhpur College Campus, P. S. Sarpataha, Jaunpur, the Intermediate College, the Degree College and the Physical Education Section have become hot beds of intrigue and violence be tween the two rival parties claiming the management. On 5th September there was a clash resulting in one death. While investigation is pending in the offence committed in the clash, the apprehension of further breach of peace continues. It is, therefore, recommended that to avert further breach of peace the three colleges should be attached under Sec. 145 Cr.P.C. immediately." On the basis of the aforesaid re port the S.D.M. Shahganj and Magis trate 1st class Jaunpur passed a prelimi nary order on 13-9-1972 under Section 145 CrPC 1898, which runs as follows : The applicants filed a revision against the aforesaid order of the learn ed Magistrate dated 13-9-1972 and the 1st Temporary Civil and Sessions Judge, Jaunpur, made a reference to this Court by his order dated 10-2 1973 for setting aside the aforesaid order dated 13-9-1972 which was accepted by this Court and the order dated 13-9-1972 was quashed by the order of this court dated 26-11-1973, which runs as follows : "Sri S. N. Sahai, 1st temporary Civil and Sessions Judge Jauupur has made a reference to this Court for setting aside the preliminary order passed by Sri B. B. Shahi, S.D.M. Shahganj in proceedings under Sec tion 145 of the Code of Criminal Procedure. No body has appeared to oppose this reference. Proceedings under Section 145 Cr. PC can be drawn in respect of im movable property. The learned Ma gistrate passed a preliminary order in respect of three colleges, namely, Gandhi Smarak Higher Secondary School, Gandhi Smarak Degree College and Gandhi Smarak College of Physical Education situated within the Samodhpur College Campus and not the land attached to these insti tutions. Prima facie the preliminary order appears to be wrong. The recommendation made by the learned Sessions Judge is accepted and the preliminary order dated 13-9-1972 is hereby quashed."
(3.) BANSH Bahadur Siugh opposite party no. 2 thereafter moved an applica tion on 3-12-1973 before the S.D.M. Shahganj and Magistrate Ist Class Jaun pur under Section 145 Cr, P.C. 1898, in which it was stated that a dispute be tween the parties was still continuing over the possession and management of the Colleges situated in Samodhpur and there was an apprehension of breach of peace and it was prayed that proceed ings under Section 145 CrPC may be initiated and the Colleges be attached and a receiver thereof be appointed. On 4-12-1973 the S. O. Sarpataha also submitted a report under Sec. 145 CrPC regarding initiation of proceedings under Section 145 CrPC and the attach ment of the colleges in dispute situated in village Samodhpur. In this report it was stated that there was a dispute be tween the applicants and the opposite parties over the Colleges and the right to manage the colleges.;