( 1 ) SRI Mahabirji Mandir Committee, Aminabad Park, Lucknow, through its General Secretary Ashok Kumar Pathak, Petitioner through this petition under Section 482, Cr. P. C. initiated against him vide Annexure 3 on the ground that the Magistrate had no jurisdiction to initiate the proceedings under Section 145, Cr. P. C. specially when the fact of possession of the petitioner was not disputed and further that the Civil Court being seized of the matter to resort to these proceedings was not justified and is abuse of the process of law.

( 2 ) THE brief facts of the case as disclosed in the application moved by opposite party No. 2 Devendra Lal Shah before the Magistrate contained in Annexure 3 are that the temple known as Mahabirji Temple is an old temple and it was being managed by a committee of respectable persons. It is also alleged that the petitioner Ashok Kumar Pathak had constituted a certain committee and the question of validity of the said committee has been challenged before the Registrar of Societies which is still pending before the Registrar. It is alleged that Pathak family has been using the temple as their property and no proper accounts are bei