JUDGMENT

T. S. Misra, J. - This revision arises out of proceedings under Section 145, Criminal Procedure Code. Shiam Lal filed an application under Section 145, Cr.P.C. alleging that one Dharmu of the village in question had died heirless hence the Gaon Samaj of the village had come into possession of the house in which Dharmu lived. It was also alleged that as Dharmu had remained ill for about a year before his death the said house remained without re- pairs and became in a ruined condition. Shiam Lal further alleged that on 23rd December, 1969 the present applicants made a forcible entry into the house and started digging foundations. When Shiam Lal resisted the said action of the present applicants they threatened him with dire consequences and thus raised an apprehension of breach of peace. A report from the police was obtained on 4th January, 1970. The learned Magistrate passed a preliminary order on 9th January, 1970. Written statements and affidavits in support of the contentions made there- in were filed on behalf of the parties. The present applicants denied the contentions of Shiam Lal.

2. The learned Magistrate having found that the affidavit filled on behalf of the prese