CHENNAKESAV REDDY, J.

( 1 ) THIS revision petition, which arises out of preventive action under Section 145 of Cr. P. C. , raises two questions of law of somewhat general interest and importance. 1. Whether the Magistrate becomes functus officio the moment he makes an order dropping the proceedings under S. 145 (5), Cr. P. C. and thereafter has no jurisdiction to pass any order relating to the disposal of the property ? 2. Whether a person who has unsuccessfully fought a criminal revision case before the Sessions Judge can maintain a revision petition before the High Court under Sections 397 and 399, Cr. P. C. ?

( 2 ) THE facts and circumstances giving rise to this case are neither complicated nor long drawn out; On the information laid by the Sub-Inspector of Police, Abid Road Hyderabad, that a dispute likely to cause breach of peace exists concerning the house bearing Municipal No. 5. 9. 15, Chapel Road, Hyderabad, the Executive Magistrate, Hyderabad, was satisfied that the said dispute was likely to cause a breach of peace, passed a preliminary order under S. 145 (1), Cr. P. C. on 10-12-1980 and issued notices to both the parties to make their appearance and put in the written sta

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