Raj Kishore Prasad, J.

1. This is a reference under Sec. 438 of the Code of Criminal Procedure (hereinafter referred to as "the Code") made by the learned Additional Sessions Judge of Singhbhum at Chaibassa, recommending that the order dated the 14th April, 1961, of the learned Magistrate of Saraikella dropping the proceeding under Sec.145 of the Code should be set aside.

2. Put briefly, the facts are these. The subject matter of dispute was Khata 108, consisting of 26 plots, including Bandh and trees in this Khata in village Bakarpur. On the 27th May, 1960 the police submitted a report for action under Sec.144 or Sec.145 of the Code against both the parties. On the 30th May, 1960, a proceeding under Sec.144 was initiated against both the parties. On the 27th July, 1960, the said proceeding under Sec.144, which was a fore-runner of the proceeding under Sec.145, was converted into one under Sub-section (1) of Sec.145 of the Code. In course of the enquiry, both the parties filed affidavits of their witnesses and also filed documents in support of their respective cases.

3. It appears that on the 23rd July, 1933, the first party got delivery of possession through Court over al