V.D. Bhargava, J.

[1] This is a reference by the learned Sessions Judge of Pratapgarh arising out of a proceeding under Section 145, Cr. P. C.

[2] Abdul Rauf moved an application under Section 145, Criminal P. C. before the Sub-Divisional Magistrate Patti that there was danger of breach of the peace with respect to plot No. 983/3 in which there also existed a house. The learned Magistrate called for a report and the police on the 26th July 1953 submitted a report that there was an apprehension of breach of the peace about the possession of the land in dispute.

On the application of the applicant Abdul Rauf, which contained the allegation that there was a changer of breach of the peace, and on the police report the Sub-Divisional Magistrate, Patti passed an order directing the station officer Kandhai to attach the property and give it in the 'supardari of a respectable 'supardar' and ordered the parties to file their written statements by 19-12-53. That order was passed on 14-11-1953.

It is clear that the parties were directed to file their written statements with respect to possession. The learned Magistrate in a subsequent order came to the conclusion that there was no dange