This petition is filed to revise the order of the Sub-Divisional Magistrate, Ariyalur, issuing summons to witnesses to give evidence in section 145, Criminal Procedure Code proceedings. The petitioners are B Party in section 145 proceedings in the lower Court. The A Party filed an application for issue of summons to Karnam and the Sub-Inspector of Police to give evidence, and it was ordered by the trial Court. The contention of the learned Counsel for the petitioners is that the lower Court is not entitled to examine persons as witnesses, who have not filed affidavits under section 145 (4), Criminal Procedure Code.

Section 145, Criminal Procedure Code, was amended by Amendment Act XXV of 1955. Under section 145, as it stood before the amendment, it was found that the enquiry took considerable time. In order to obviate the delay, an amendment was introduced to section 145. According to the old section, whenever there was a dispute likely to cause a breach of the peace concerning a land, the Magistrate was to make an order requiring the parties to attend Court and to put in written statements of their respective claims as respects the fact of actual possession of the subject of