P.N. Bakshi, J.

1. THIS application in revision arises out of proceedings under section 145 Cr. P.C. On 2-8-1978 a preliminary order was passed under Section 145 (1) Cr. P.C. calling upon tie parties to file their written statements in support of their respective claims to the disputed immovable property. While the proceedings were continuing, it appears that on 14th June, 1979, an application was filed by the applicants praying that the proceedings be dropped since there was no apprehension of breach of peace. The Magistrate called for a report from the police. After hearing both the parties he rejected this application on 5th July, 1979. It appears that the [inquiry thereafter continued under Section 145 (4) Cr. P.C. P. W. 5 has been examined. On 6th September, 1980 another application was filed by the applicant to the effect that the apprehension of breach of peace ceased to exist and that the proceedings be dropped. THIS application has been rejected by the impugned order, passed by the Magistrate on 9th October, 1980. Hence this revision.

2. I have heard learned counsel for both the parties at considerable length and have also perused the impugned orders. Counsel for th