L.S. MEHTA, J.—This is a criminal reference submitted by learned Sessions Judge, Jodhpur, recommending that the order of Sub Divisional Magistrate, Jodhpur, dated January 27, 1968, for the appointment of a receiver to manage the attached house in lease No. 42 of 1967, under sec. 145 Cr.P.C. be quashed.

2. Party No 1, Sajjan Singh son of Bhairun Singh, it is alleged, made a report at the Police Station, Bilara, with the allegation that Sajjan Singh, son of Jagannath Singh, party No. 2, forcibly occupied his house, situate in village Chokri Kalian, on October 16,1967, and that there was every possibility of breach of the peace. On receipt of the above report, the Station House Officer of the said Police Station proceeded on the spot, on October 27, 1967, conducted inquiry and apprehended that there was imminent danger of breach of the peace. He then submitted a report, on October 28. 1967, to the court of Sub-Divisional Magistrate, Jodhpur, for taking immediate action by way of attaching the house in dispute. That very day the Sub-Divisional Magistrate drew up a preliminary order and attached the premises in question. Thereafter on November 9, 1967 party No. 1, applied to the court fo

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