M.P.Verma, J.

1. Both these revision applications have been heard together, with the consent of the parties, as they arise out of the same order passed by the learned Magistrate in a proceeding under Sec.145 of the Code of Criminal Procedure, and this judgment will govern them both.

2. Criminal Revision No. 78 of 1969 has been filed by the sole member of the third party and Criminal Revision No. 153 of 1969 has been filed by both the sets of the fourth party to the proceeding. First party Bikku Sharma and second party Bhumi Sharma are cousins inter se, being the grand-sons of two brothers Baburam and Dattu, and they had really got the proceedings started. As a matter of fact, there was no Police report in this case about any apprehension of a breach of the peace because of the dispute regarding possession of immovable property. No party had filed any petition before the Magistrate that there was an apprehension of a breach of the peace and a proceeding under Sec.144 or 145 of the Code of Criminal Procedure should be started. The Sarpanch of the Gram Cutcherry, in agreement with the Mukhiya, with whom, perhaps, the first party was on bad terms, filed a report before the lear