DESAI, J.:- In proceedings under S.145, Criminal P.C. started by the respondent herself on the allegation that she was in possession of the house in dispute and some landed property and that there was a dispute between her and Sob Nath about them which was likely to cause a breach of the peace, the Sub-Divisional Magistrate, Soraon on 6-7-1950 held that Sob Nath was in possession of the house in dispute and entitled to remain in possession until evicted in due course of law and ordered the respondent not to disturb his possession in the mean-time. The property seems to have been attached under S.145(4). On the case being decided in favour of Sob Nath, it was released from attachment and possession was given to him by the police on 1-12-50. On 3-11-50 the respondent filed a civil suit regarding the house in dispute. She applied for a temporary injunction and the civil court on 18-11-50 issued an interim injunction that status quo should be maintained.

The order was served upon Sob Nath on 30-11-50 two days before he obtained possession from the police. On 30-1-51 Sob Nath made an application to the Sub-Divisional Magistrate, who had passed the order under S.145(6), for pros