MODI, J. - (1.) THIS revision application arises out of the proceeding under Sec. 145 Cr. P. C.
(2.) THERE was a dispute regarding possession of a 'baithak' and proceedings u/s. 145 Cr. P. C. were taken in respect thereof. As there was imminent danger of breach of the peace, the 'baithak' in dispute was attached and put into the possession of the Police Station, Kotwali, Bharatpur. Both the parties put in their affidavits regarding their respective claim for possession over the 'baithak'. By his order dated 30. 10. 62, the learned City Magistrate, Bharatpur, declared the possession of Mst. Shankari, Rameshchand and Maheshchand over the disputed 'baithak' on the date of the preliminary order. In that very order, he directed the SHO to hand over possession of the 'baithak' to Smt. Shankari, Rameshand and Maheshchand. The SHO, Police Station, Kotwali Bharatpur, accordingly handed over possession of the 'baithak' to Mst. Shankari and others on 31-10-72. The opposite party namely, Girdharilal filed a revision petition on 1. 11. 72 before the learned Sessions Judge, Bharatpur, against the order of the City Magistrate, dated 30-10-72 and also prayed for direction to the City Magistrate that the execution of the impugned order be suspended till the decision of the revision petition. This application for interim order was challenged by Mst. Shankari and others on the ground that they had already obtained possession of the disputed 'baithak' on 31. 10. 72 from the SHO, Police Station, Kotwali, Bharatpur. The learned Sessions Judge on 10-11-72 allowed the application filed by Girdharilal and suspended the execution of the order dated 30-10-72. He further ordered that the City Magistrate shall take possession of the disputed property from Mst. Shankari and others and keep it into his custody or with any other officer appointed by him in this behalf until final decision of the revision petition. It is against this order of the learned Sessions Judge Dated 10-11-72 that the petitioner Mst. Shankari has preferred this revision petition. Sec. 435 (1) Cr. P. C. provides that the High Court or any Sessions Judge or District Magistrate, or any Sub-Divisional Magistrate may call for and examine the record of any proceeding before any inferior court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of such inferior court and may, when calling for such record, direct that the execution of any sentence or order be suspended. This section confers the power to suspend the execution of any sentence or order till the decision of the revision petition. After a declaratory order under sec. 145 Cr. P. C. is given effect to by releasing the property from attachment and allowing the successful party to get into possession, there remains nothing to suspend the execution of the order passed under sec. 145 Cr. P. C. Sec. 435 Cr. P. C. in such a case does not empower the court to re-attach the property and dispossess the successful party. That can only be done if the revision petition is decided against that party. The learned Sessions Judge therefore exercised the power not vested in him when he directed the City Magistrate to take possession of the disputed property and keep it into his custody till the decision of the revision petition. The order under revision dated 10-11-72 is therefore set aside and as the possession had already been delivered to the petitioner Mst. Shankari and others, there is no question of suspension of the final order passed under sec. 145 Cr. P. C. The result is that the revision application is allowed and the impugned order dated 10-11-72 is set aside. .;