Hon’ble Vijay Kumar Verma, J.—Challenge in this revision is to the judgment and order dated 21.4.2005 passed by Sri D.K. Tyagi, the then Additional Sessions Judge, Court No. 5, Ghazipur, in Criminal Revision No. 458 of 2004 (Ranvindra Nath Vishwakarma v. State of U.P. and another), whereby allowing the revision, the order dated 1.11.2004 passed by the S.D.M. Sadar, Ghazipur, under Section 146 (1) Cr. P. C. has been set aside.

2. The relevant facts as emerging from the record are that Narendra Nath Vishwakarma had moved an application in the Court of S.D.M. Sadar, Ghazipur to initiate the proceeding under Section 145, Cr. P. C. in respect of the house situated in Mohallah Saklenabad, P.S. Kotwali, District Ghazipur. On that application, a report was submitted by S.H.O. P.S. Kotwali, Ghazipur on 26.7.2004, in which it was stated that Sri Krishna Murari Vishwakarma and Sri Ashok Kumar Vishwakarma r/o village Pasidih @ Bikapur, Paragana and District Ghazipur, presently residing at Maru chak pasi Line District Bhagalpur (Bihar), were the owners of the house situated in Mohallah Saklenabad, P.S. Kotwali. District Ghazipur. They had executed a Mukhtarnama on 14.6.1995 regarding th