( 1 ) THIS revision has arisen out of a reference by the Ses. J. of Tonk in a revision before him out of proceedings under Sections 145 and 107, Criminal P. C. When the matter came up before the learned single Judge of this Court, he referred the following three points for decision by a Division Bench:-

(1) "whether a Magistrate was competent to initiate proceedings under Sections 107 and 145 Cr. P. C. simultaneously; (2) In case the Magistrate finds after enquiry under Section 145 cr. P. C. that the property in dispute was in joint possession of the parties then (a) what should be the nature of the order if one would be passed under Section 145 Cr. P. C. or (b) should the Magistrate proceed to pass an order under Section 146 Cr. P. C. , and (3) In case the finding of the Magistrate was under Clause (2) above, and he apprehended a breach of peace between the parties while each attempted to oust the other, was he competent to ask for security to keep the peace under Section 107 Cr. P. C. where (a) the proceedings were initiated under Section 145 and 107 Cr. P. C. and (b) where the proceedings were taken exclusively under Section 145 Cr. P. C.

( 2 ) A brief reference to the f