JUDGMENT

Jagannatha Shetty, J. - We grant special leave and proceed to dispose of the appeal.

2. The appeal is directed against the order of the High Court of Madhya Pradesh dated April 25, 1986 quashing the final order made under section 145 of Cr. P.C. in respect of a shop premises. The shop was in possession of one Asgarali son of Akbar Ali as mortgage since October 17, 1969. On August 7,1982, Asgarali was said to have leased out the shop to the petitioner and also delivered possession thereof. The entering of possession by the petitioner became a subject matter of dispute. Apprehending breach of peace, the police initiated proceedings under section 145 Cr. P.C. before the Additional District Magistrate, Ujjain. In that proceedings, the petitioner was party No. 2 and respondent No. 2 was party No. 1. On August 13, 1982, the Magistrate made a preliminary order. The proceedings continued for about three years. On May 17, 1985, the Magistrate made the final order in the following terms :-

"Hence I believe that the party No.2, Jummamal alias Devandass S/o. Jethanand had the occupation within two months from 13-8-1982 on which summons were issued by the court under section 145 sub-se