- (1.) KUNDAN Singh, J. List has been revised. Nobody is present on behalf of the applicant as well as for opposite party No. 2.
(2.) 1 perused the relevant papers with the help of learned Additional Govern ment Advocate. This revision is directed against the judgment and order dated 15-6-1986 passed by the XIV Additional Sessions Judge, Kanpur, allowing Criminal Revision No. 289 of 1983, Ayodhya Prasad Dhiman v. State and another, and setting aside the order dated 29-9-1983 passed by the City Magistrate, Kanpur in Criminal Case No. 54/b of 1983, Shriram Sahu v. Ayodhya Prasad, under Sections 145/146 of the Code of Criminal Procedure (Cr. P. C.), police station Gwaltoli, district Kan pur. The proceedings under Sections 145/146, Cr. P. C. were started at the in stance of the Principal of Late Yashoda Devi Subhash Pragati Vidya Mandir Harijan Vidyalaya (for short 'the vidyalaya') in respect of the building of the vidyalaya, being No. 12/471 and 12/447 situated at Gwaltoli, Police Station Gwal toli, Kanpur.
(3.) THE learned City Magistrate, Kan pur, came to conclusion that there was no dispute regarding the building of the vidyalaya, but it was a dispute between the committees of management of the vidyalaya; each of them claiming to be in possession of the vidyalaya. Hence, the learned Magistrate passed the order directing the District Harijan Welfare Of ficer to take over the management of the vidyalaya till he received direction regard ing the management by Government or any Court. He also directed to allow the lady teachers, who were engaged in teach ing in the vidyalaya and had required qualification they should not be removed without any cause, if there is any charge of irregularity on the part of any lady teacher, in that case, action may be taken according to law against her after serving her with charge- sheet and affording opportunity of hearing. He also directed to get repaired one-side wall of the vidyalaya immediately. After giving other necessary directions, he directed to open the school for the study of the children. If any unwanted anti-social element interferes, the Court should be informed. THE proceedings under Sections 1 45/146, Cr. P. C. were dropped by hisr order and he directed certain persons to maintain peace. Raj Narain and two others, who were held responsible for creating dispute, were directed to furnish bail bonds and surety bonds and proceed ings under Sections 107/116, Cr. P. C. may be initiated against them. Being aggrieved by the order of the City Magistrate, Opposite Party No. 2 preferred Criminal Revision No. 289 of 1993 before the Sessions Judge, Kanpur, which came for hearing and disposal before XIV Additional Sessions Judge, Kanpur, who, by his order dated 15-6-1985, has set aside the order of the City Magistrate, Kanpur, as stated above, and directed the Harijan Welfare Officer not to interfere in respect of the management of the vidyalaya. All the papers were directed to be handed over to opposite party No. 2.;