Sharma, J.—Proceedings under sec. 145 of the Code of Criminal Procee-dure were started by the Sub-Divisional Magistrate Khetri on the application of Krishana son of Nanag Jat (herein after to be referred to as the opposite party). During the proceedings, property was attached. On the 7th November, 1951 learned Magistrate dropped the proceedings as in his opinion there was no longer any apprehension of the breach of peace. After the proceedings were dropped the opposite party presented an application that the land and the crop in dispute were in his possession and should be restored to him. The learned Magistrate accepted this application and directed, the attached property to be handed over to the opposite party. Against this order the applicants Kishan Sahai and Ghodbad went in revision to the court of Sessions at Jhunjhunu. The Additional Sessions Judge Jhunjhunu has made this reference recommending that the order of the Sub-Divisional Magistrate Khetri dated the 9th January, 1951 regarding the delivery of possession of the property in dispute to the opposite party Kishana be set aside.

2. I have heard the learned counsel for the applicants in support of the reference. The learned

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