Modi, J.—This is a reference by the Sessions Judge, Jhunjhunu, in a proceeding under Sec. 145 of the Code of Criminal Procedure, and arises under the following circumstances. The question raised by the reference is whether after the trial Magistrate has dropped the proceedings under sub-sec. (5) of sec. 145, he has the authority or jurisdiction to order that the property which was the subject-matter of the proceedings before the Magistrate be returned to a particular party.

2. It is necessary to state a few facts in order to appreciate the point in controversy. The dispute relates to 30 Bighas of agricultural land attached to a well called Chainsingh-wali-kothi in the village Sofra Guwar. The land was entered in the revenue papers as half and half in the names of the petitioner Ramlal and the opposite party Mangu as tenants. The allegations made by the Station House Officer, Khetri at whose instance this proceeding was started before the Sub-Divisional Magistrate, Khetri were that the land was divided into seven plots out of which the opposite party Mangu was in cultivatory possession of 23 Bighas and the petitioner was in possession of the remaining seven Bighas and that the latter

Click Here to Read the rest of this document