JUDGEMENT

R. N. Misra, J. :- Members of the first party in a proceeding under S.145 of the Code of Criminal Procedure are the petitioners and they challenge the order of the learned Sessions Judge of Ganjam passed on a revision application by members of the second party.

2. On 12-6-1975, on the report made by the local police the Executive Magistrate at Chatrapur drew up a proceeding under Section 145 of the Code of Criminal Procedure and made a preliminary order. Members of the first party moved the learned Magistrate that in spite of the initiation of the proceeding, members of the second party were threatening to forcibly cultivate the property. Being satisfied that there was grave emergency concerning the disputed properties, the learned Magistrate attached the properties under Section 146(1) of the Code and directed appointment of a receiver. While doing so, he indicated :-

".......... Proceeding under Sec. 145 Criminal Procedure Code has already been started in this Court and it will continue ..........."

The order attaching the property, appointing a receiver and directing the proceeding under Section 145 of the Code to continue was subjected to revision before the learned Sessi