Krishnan, J.

1. This is an application to revise certain proceedings passed by the Sub-divisional Magistrate, Masulipatam, in connection with an application filed by the petitioner asking the Magistrate to take action under Section 145 of the Criminal Procedure Code. The Magistrate stating that he was satisfied that there was a dispute likely to cause a breach of the peace passed a preliminary order under Section 145 and directed the parties to attend his Court and to file written statements of their respective claims as regards the possession of the subject-matter in dispute. At a subsequent stage, the Magistrate, became satisfied that there was no likelihood of a breach of the peace and he, therefore, dropped the proceedings and passed no orders under Section 145 regarding possession of the property.

2. The first point taken before me in revision is that the Magistrate was not entitled to drop proceedings without giving an opportunity to the petitioner to show by evidence that there was a likelihood of the breach of the peace and the Magistrates conclusion that there was no likelihood of the breach of the peace from information received was incorrect. It is contended that, wit