- (1.) SITARAM applies Under Section 435, Criminal P. C. for the revision of the order passed by Shri k. C, Grover, Magistrate 1st class, Amritsar on 2lat August 1948.
(2.) THE facts, so far as material, are that a building consisting of a temple, shops, a hall and a chaubara situate in Katra Nihal Singh Atta Mandi, Amritsar, balongs to the Panchayat Shikarpuri biradri, hereinafter referred to as the applicant. The allegations are that the hall and the chaubara were given for three days by the applicant to Sitaram on 22nd February 1948 for use on the occasion of the marriage of his daughter. Indeed, the case states that Mela Bam made an application to the Panchayat on 20th February 1948 on behalf of Sita Ram for the reservation of the hall and the chaubara for three days between 23rd February to 25th February 1948 for use on occasion of the marriage of the daughter of Sita Earn and that the possession of the hall and the chaubara was made over to Sita Earn on 22nd February 1948. It is stated that Sita Earn has returned the possession of the hall to the applicant but has refused to return the possession of the ohaubara. He was asked by Mela Bam and the Shikarpuri Biradri to vacate the chaubara, but he became rowdy and apprehending imminent breach of the peace the matter was reported to the police by Mela Earn, vide Ex. p. J. , on 11th April 1948. The police has, thereupon initiated proceedings against Sita Bam Under Section 145, Criminal P. C. and this petition ha3 arisen out of those proceedings.
(3.) NOW, on 12th April 1948, Mr. F. C. Grover, Magistrate 1st class, Amritsar, taking action under Section 145, Criminal P. C. passed the order: Let the chaubara in dispute be attached till decision as to which party was in actual possession of such chaufoara. From the police report I find that there is likely a breach of the peace and 1 consider it expedient that the disputed property be attaohed till the decision by this Court. Notice to the parties to this effect to issue to appear on 16th April 1948. In pursuance of this order warrants for the attachment of the chaubara were issued on the same day and the chaubara in question was attached by locking the room. Another warrant of attachment was issued on 15th April 1948 for the attachment of the courtyard in front of the chaubara and the courtyard was likewisa attached on 15th April 1948.;