Kanhaiya Singh, J.

1. This application in revision arises out of a proceeding under Sec.145 of the Code of Criminal Procedure. This proceeding was started at the instance of Mt. Pancho Gaunjhin, opposite first party. Notices were issued to the parties concerned in the dispute as provided in Sec.145 of the Code, and both parties appeared, filed written statements, affidavits of evidence and documents in support of their respective claims. By his order dated 18-2-1958, the Sub-divisional Magistrate attached the properties in dispute under Section 146(1) of the Code of Criminal procedure, and forwarded the record of the proceedings to the Civil Court having jurisdiction to decide the question whether any and which of the parties was in possession of the subject of the dispute. His order is in the following terms :

"There is no sufficient or reliable evidence before me to decide as to which party was in actual physical possession of the lands at the time this proceeding was started, I am, therefore, unable to decide the issue of possession over the disputed lands. The lands are, therefore, attached under Sec.146 (1) Cr. P. C. and the case is referred to the Civil Court to decid