This is an application under Section 561 - A Cr.P.C. arising out of proceedings under Section 145, Cr.P.C. on the report of the Station Officer Qasimabad the sub-divisional Magistrate, Mohammadabad held that there was an apprehension of breach of peace in respect of a shop situate in village Bahadur Ganj police station Qasimabad, district Ghazipur. He therefore, passed a preliminary order on 19-7-1972 and attached the shop on 25-7-1972. The Magistrate was unable to decide as to who was in actual possession of the disputed shop referred the dispute to Munsif, Mohammadabad under Section 146 Cr.P.C. A finding was returned by the Munsif on 24-4-1973. In pursuance thereof the Sub-divisional Magistrate passed his final order on 4-6-1973. Aggrieved thereby Kanhaiya has filed the present application in this Court for quashing the aforesaid order of the Sub-divisional Magistrate, Mohammadabad.

2. I have heard counsel for the parties. The findings recorded by the Munsif, Mohammadabad in the reference under Section 146, Cr.P.C. are as follows :-

1. That both the parties were carrying on their business in the shop in dispute at the time of the preliminary order.

2. That the first party w