JUDGMENT

D.N. Roy, J. - This is an application in revision by Babu Khan in proceedings under Sec. 145, Cr. P. C. After hearing learned counsel for the parties and going through the record it appears that the learned Magistrate was completely ignorant of what is required of a Magistrate when he chooses to proceed u/s 145 of the Code.

2. Babu Khan initiated the proceedings u/s 145 against nine persons who are the opposite-parties, contending that a certain plot of land in village Rathgaon has been in possession for quite a long time and that when he started construction of the house over this plot the opposite-party tried forcibly to oust him from possession and the threat gave rise to cause a breach of the peace. That application was made on the 23rd of June, 1951 On that very date the learned Magistrate passed an order to the effect that : " S. O. to report". After the report of the S. O. was received the Magistrate passed the following order on the 12th of July, 1951:

From the report of the police I find that there is dispute about possession of a house and that there is an apprehension of breach of peace. Owing to imminent danger of breach of peace the house has already been attache