Tek Chand, J.

1. The Additional Sessions Judge, Jullundur, has sent up this case with a recommendation that the order passed by Shri Amar Singh Bhatia, Magistrate 1st Class, Jullundur, dated 18th of June, 1956, dismissing the complaint filed in his Court under Section 145, Criminal Procedure Code, against the respondent, may be quashed and further enquiry into the matter may be ordered. Two persons Faqir Chand and Durga Das applied under Section 145. Criminal Procedure Code, to the Court of the Magistrate 1st Class, Jullundur, complaining that they apprehended breach of the peace as a result of a dispute between the Balmikis and Ad Dharmis of Kartarpur, Tehsil and District Jullundur, with respect to the yacant piece of land.

The petition was presented on the 18th of June, 1956, and after recording the statement of Faqir Chand petitioner the Magistrate at once proceeded to judgment and made a sketchy order dismissing the complaint being of the view that he was not satisfied that a dispute likely to cause a breach of peace existed. Against the order of dismissal the petitioner submitted a revision petition to the Additional Sessions Judge praying that further enquiry should b