- (1.) R. K. Jain-, J Case is taken up in the revised list. None appears for the parties to argue the revision.
(2.) EARLIER when the revision was called, it was ordered that prayer for pass ing over on account of illness slip on be half of Sri N. N. Singh is rejected and the case shall be taken up in the revised list. Still none has come to argue the revision. I have therefore, myself gone through the judgments of the courts below and also perused the material on record. The father of the present revisionists had moved an application for action under Section 145, Cr. P. C. on the ground that he was Bhumidhar in possession of the plot of land. The opposite par ties intend to take unauthorised posses sion on account of which grave apprehen sion of breach of peace had arisen. The learned Magistrate called for the police report and thereafter being satisfied that there was grave apprehension of breach of peace, passed preliminary order under Section 145, Cr. P. C.
(3.) THEREAFTER parties led evidence and the learned Magistrate by judgment and order dated 8-3-82 held that the ap plicant Feinku Singh was in possession of the disputed land on the date of prelimi nary order as also within two months next before passing of the preliminary order. Learned Magistrate passed the conse quential order. Opposite party Chatradhari Rai filed criminal revision No. 37 of 1982. The main ground on which the judgment and order of the trial Court was challenged was that in respect of the disputed plot of land there was civil litigation between the par ties and in civil suit No. 192 of 1969 it was held that Sri Ram Das through his Mukhtar-e-am Sri Chatradhari Rai was in actual physical possession of the land in question. The Civil Court had also per manently injuncted Feinku Singh from disturbing the possession of Chatradhari Rai Mukhtar-e-am of Ram Das. Civil ap peal preferred against the judgment and order in the said suit was also dismissed by judgment and decree 31-7-73. It was there after that the proceedings under Section 145, Cr. P. C. were initiated.;