Randhir Singh, J

[1] This is a criminal reference by the Sessions Judge of Rae Bareli.

It appears that an application was made under Section 145, Criminal P. C. by one Murru against Sheo Dulari, Sheo Kumar and others on the allegation that there was an apprehension of a breach of the peace between the parties in respect of certain lands.

The Sub-Divisional Magistrate, Dalmau, before whom the application was presented, directed the Station Officer, Jagatpur, to inquire and report. He also directed the Station Officer to attach the property if he found any apprehension of a breach of the peace.

The Station Officer submitted his report on 14-11-1950, in which he mentioned that there was an apprehension of a breach of the peace and that he had made the attachment of the property as directed by the Sub-Divisional Magistrate.

On the report of the Station Officer the Sub-Divisional Magistrate ordered that notice should go to the parties.

The case was thereafter transferred to Sri Samarjit Singh, Special Magistrate for disposal. Written statements were filed by both the parties. At that stage it appears that Sri Samarjit Singh found out that the Sub-Divisional Magistrate had not record