Beg, J.

[1] This is a reference by the learned Sessions Judge, Rae Bareli recommending that an order passed by Sri V. P. Sharma, S.D.M., Rae Bareli under Section 145 of the Code of Criminal Procedure should be set aside.

It would appear that one Maqsood Khan made an application on 20-2-1952 under Section 145 of the Code of Criminal Procedure on the allegations that he was in possession of plots Nos. 6091, 1430, 1631, 1761, 1438, 650, 1795, 332, 436 and 565 situate in tahsil Mahrajgang district Rae Bareli, that he held a patta of these plots, that he had deposited the Bhumidhari dues in respect of the said plots and that the opposite parties were turbulent persons who had forcibly cut down the 'sarson' crop grown by the applicant. The opposite parties in this application were Mohamad Raza Khan and 9 others.

The applicant Maqsood Khan is the son of Ishaq Khan and the grandson of one Dildar Khan. Mohammad Raza Khan one of the opposite parties is a brother of Ishaq Khan who is another son of Dildar Khan.

After the usual preliminary order was passed under Section 145, Sub-clause (1) of the Code of Criminal Procedure, the Magistrate entered on the enquiry as to the possession of th