Mathur, C.J. :- This is a revision by Radha Krishna Mehra to challenge the order dated 2-7-1971 of the City Magistrate, Varanasi, dropping the proceeding under Section 145 Code of Criminal Procedure on the ground that the dispute relates to partnership property.

2. The material facts of the case are that Radha Krishna Mehra and Mohkam Chand Mehra were partners of the firm Mehra Silk Mills in the city of Varanasi. Certain disputes arose between the partners, who it may be mentioned, are brothers and, on 17-12-1970 the son of the applicant, namely, Kali Charan Mehra, lodged a report with the police. The mill had been closed and both the brothers had put in their locks on the gate of the mill. The police, thereupon submitted a report for taking proceedings under Section 145, Cr. P.C. in respect of the property as the dispute was likely to cause a breach of the peace. The City Magistrate passed a preliminary order and attached the Mehra Silk Mills and gave it in the custody of Kashi Nath as Supurdar. The parties were directed to file their written statements and affidavit. But meanwhile the applicant opposed the appointment of the Supurdar as, according to him, Kashi Nath was t