JUDGMENT

G.C. Mathur, J. - This case has been referred to a larger Bench by Shukla, J. as he has doubted the correctness of the decision of S. D. Singh J. in Raja Ram v. Mata Prasad, 1968 AWR 247 The case arises in the following circumstances.

2. An application under section 145 CrPC was made by Munnu Singh opposite party on December 16, 1966. The SDM ordered the Station Officer to make a report. The report waw made on December 31, 1966 and on February 6, 1967 the SDM passed the preliminary order. The stated therein that from the police report he was satisfied that there existed an apprehension of a breach of the peace. After the order was served on the parties both the parties filed their written-statements on April 28, 1967. In the statement filed by the applicants, who were opposite parties before the SDM they raised a plea that there was no dispute likely to cause a breach of the peace. The applicant filed five affidavits and these affidavits also stated that there was no apprehension of a breach of the peace. The SDM passed ed the final order on April 26, 1968 holding that Munnu Singh was in possession and directed the property to be released in his favour. Against the final or