( 1 ) THIS is a criminal reference by the learned Civil and Sessions Judge, Partabgarh, in a revision filed before him by Raja Narsing Padam Saran Shah of Bijaigarh estate against an order of the sub-Divisional Magistrate, Patti, District Partabgarh passed under Section 145, Cr. P. C. The learned Judge recommends that the order attaching the moveable properties in dispute be reversed.

( 2 ) THE properties in dispute in the proceedings under Section 145, Cr P. C. include moveable properties in the shape of cash, jewellery and other articles and live stock and immoveable properties such as a house in Amargarh and villages in the districts of Partabgarh and Panaras. They belonged to Rani Indarpal Kunwar who died on 11-2-1950, at Amargarh. Whether or not the properties constitute the Ranis stridhan, it is not possible to say at this stage.

( 3 ) DEWAN Rameshwar Prasad Singh, taluqdar of Amargarh who was the first party is the proceedings under Section 145, Cr. P. C. has since died and is now represented by his widow, Mt. Suraj Kishori Devi. He is the Ranis nephew, being her brothers son. He claimed the property as stridhan, heir of the deceased. Raja Narsing Padam Saran Shah, the second party is the owner of bijaigarh estate in the district of Mirzapur. He is the step-son of the late Rani, being born of the womb of her husbands second wife, Rani Brij Khan Kunwar.

( 4 ) RANI Indrapal Kunwar died, as stated above on 11-2-1950. Before her dead body could be cremated, there was a scramble for possession of her estate between Dewan Rameshwar Prasad and a number of other claimants The Dewan applied on 12-2-1950, to the Sub Divisional magistrate, Patti, for proceedings being taken under Sections 107, 145 and 154, Cr. P. C. and for appointment of a receiver of all the properties, moveable as well as immovable and the matter being urgent, the Sub Divisional Magistrate forthwith ordered the station officer, Patti, to proceed to the spot along with the tahsildar in order to ensure that the body was allowed to be cremated without any breach of the peace. He ordered farther that if it be necessary, in order to prevent a breach of the peace, he might attach the property according to law in the presence of the parties. An order of a like nature was also sent to the tahsildar directing him to accompany the station officer and to do the needful according to law. It would seem that between the night of 12th and 13th February, the Ranis step-son, Raja Narsing Padam Saran Shah had also arrived at Amargarh. He broke open some of the looks in the kot and removed valuable articles utensils, clothes etc. in a number of boxes to a station wagon which he had brought with him ostensibly to take the dead body for cremation to Banaras. While the loading was in progress, the station officer and the tahsildar of Patti reached the spot. They found that the situation was fairly grave and they therefore proceeded to attach the house with all its moveables. He unloaded the station wagon and with the consent of the parties replaced the boxes and other moveables inside the house and sealed the rooms. It may be mentioned that the Sub-Divisional Magistrate and the deputy Superintendent of Police had already arrived before the removal of the articles from the station wagon to the house and it would appear that the learned Magistrate was apprised of the situation and he directed the attachment as the order recorded by him on the station officers report regarding the attachment of the house would show: "i have already authorised the S. O. to attach the property of the deceased under Section 145, Cr. P. C. to prevent a breach of peace. I am fully satisfied that there is great danger of the breach of the peace from the report of the S. O. and from the information. The entire property of the deceased will be attached under Section 145, Cr. P. C. The main dispute is between Dewan sahib of Amargarh and Raja Sahib of Bijaigarh. I have asked both the parties not to tak