K. L. SHRIVASTAVA, J.

( 1 ) THIS revision petition is directed against the order dt. 9-1-1986 passed by the 1st Additional Sessions Judge, Shajapur whereby setting aside the order passed by the learned Sub-Divisional Magistrate, Sarangpur he has ordered that the proceedings under S. 145 of the Criminal Procedure Code, 1974 (for short 'the Code') be dropped.

( 2 ) CIRCUMSTANCES giving rise to the revision petition are these. On information laid before him that a dispute relating to the possession of the house property situate at Sarangpur, between one Chandmal and the present non-applicant 1 Bagmal likely to cause a breach of peace exists, the learned Sub-Divisional Magistrate initiated proceedings under S. 145 of the Code and passed a preliminary order under sub-sec. (1) thereof on 12-10-83.

( 3 ) THE present petitioner Mangilal is the successor in title of the said Chandmal.

( 4 ) DURING the pendency of the proceedings aforesaid the non-applicant 1 Bagmal on 11-4-84 filed an application before the learned S. D. M. , praying that the said proceedings be dropped as in Civil Suit No. 1 A of 1984 for possession of the property in dispute and for temporary injunction filed in the compet

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