K. B. SRIVASTAVA, J.

( 1 ) THIS application under Section 482 of the Code of Criminal Procedure, 1973, arises out of the following facts;-

The respondent Babadin instituted proceedings under Section 145 of the Code against the five petitioners in the Court of the Sub-Divisional Magistrate, Manjhanpur, District Allahabad. The learned Magistrate, passed the preliminary order on February 11, 1974, The petitioners filed their written statement on May 24, 1974, in paragraph 1 of which, they raised the plea that no dispute likely to cause a breach of the peace exists or has existed, and they supported this plea of theirs in various affidavits. The learned Magistrate passed no orders on this plea of theirs and instead proceeded to issue the final order declaring Babadin to be entitled to possession until evicted in due course of law, and forbidding all disturbance of such, possession until such eviction. The petitioner feeling aggrieved, went up in revision to the Sessions Judge, Allahabad and contended that the order passed by the learned Magistrate stood vitiated because of the failure on his part to decide the jurisdictional question which had been raised by them before him. The learned

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