Judgment

MUDHOLKAR, J. : The only point which falls to be decided in this appeal by certificate granted by the High Court at Allahabad is whether the District Judge has jurisdiction under S. 24 of the Code of Civil Procedure to transfer a reference made by a Magistrate to a particular civil Court under S. 146 of the Code of Criminal Procedure to another civil Court. It arises this way. Proceedings under S. 145, Cr. P. C. were initiated by a Magistrate on the basis of a report of a police officer to the effect that a dispute likely to cause a breach of the peace exists concerning a plot of land situate within the jurisdiction of the Magistrate between the parties mentioned in the report and praying for appropriate action under S. 145 of the Code of Criminal Procedure. The learned Magistrate upon being satisfied about the possibility of a breach of the peace made a preliminary order under S. 145. Cr. P. C. attached the property to which the dispute related and called upon the parties to adduce evidence in respect of their respective claims. In due course he recorded the evidence but he was unable to make up his mind as to which of the parties was in possession on the date of the preli