ORDER : This is an application in Revision by Badri Nath Pandey to challenge the order dated 11-10-1962 of the Sub-Divisional Magistrate, Gyanpur, Varanasi. Whereby the proceeding under S. 145. Cr. P.C. was dropped, the attachment of the property in dispute was withdrawn and the property was to be left as it was found at the time of the attachment, though it was not to be handed over to any particular party.

2. The facts of the case, in brief, are that apprehending breach of peace the applicant, Badri Nath Pandey, moved the Magistrate for taking proceeding under S. 145 Cr. P.C. with regard to two agricultural plots. The Magistrate was satisfied that there was an imminent danger of the breach peace and, therefore, passed a preliminary order as contemplated by S. 145 Cr. P.C. and also attached the plots. Parties were called

upon to file their written statements and also affidavits. The Magistrate was, however, not in a position to come to a decision as to which party was in possession or could be deemed to be in possession on the date of the preliminary order and, therefore, made a reference to the civil Court for recording a finding on possession. This order of the Magistrate