( 1. ) THIS revision petition is directed against the revisional order dated 9-7-1987 passed by the IVth Addl. Sessions Judge, Indore in Criminal revision No. 36 of 1987 whereby the order dated 28-10-1986 passed by the S. D. M. , indore dropping the proceedings under section 145 of the Criminal Procedure code, 1973 (for short the Code) has been set aside and the case has been remanded to him with a direction that the inquiry be held and final order be passed.

( 2. ) CIRCUMSTANCES giving rise to the revision petition are these. The non-applicant No. 1 Mahant Narayandas on 30-6-1984 moved the learned S. D. M. under Section 145 of the Code alleging that he is in possession of the property belonging to the Hansdas Vidya Peeth and situate at 36, Luhar Patti, Indore and the present applicants and others are attempting at his forcible dispossession. According to him his son Yajatradas is the Mahant under a will executed by the last Mahant Shesh Narayan.

( 3. ) THE learned Magistrate, the same day passed a preliminary order. He also ordered attachment of the property in dispute and appointed a receiver. ( 4. ) THE order aforesaid was challenged by the applicants in revision but without success.

( 5. ) THE applicant Ramratandas later on 30-6-1986 filed an application before the learned S. D. M. challenging the attachment order stating that he is in possession of the disputed property. It was further stated that he has filed a civil suit in the Court of VIIth Additional Judge to the Court of District Judge, Indore (C. S. No. 54-A/84) for declaration and injunction in respect of various items of property including the property in dispute and temporary injunction had been granted in his favour. It was urged that in the circumstances, the criminal proceedings deserve to be dropped.

( 6. ) IT may be stated that the aforesaid civil suit has been dismissed on 23-4-1986, in default and restoration proceedings are pending.

( 7. ) THE aforesaid application for dropping the proceedings was opposed by the non-applicant No. 1 Narayandas.

( 8. ) THE learned S. D. M. relying on the decision in Ram Sumer Puri Mahant vs. State of U. P. , AIR 1985 SC 472 held that in view of the civil proceedings the criminal proceedings deserve to be dropped. He accordingly dropped the proceedings under Section 145 of the Code and ordered that the receiver shall hand over the attached property to the applicant No. 1 Ramratandas in accordance with the order of the civil Court.

( 9. ) THE contention of the non-applicant No. 1 Narayandas in the Court of session was that mere pendency of civil proceedings cannot always be urged as a ground for dropping the proceedings under section 145 of the Code and in the circumstances of the case, the learned S. D. M. s order dropping the proceedings is clearly unsustainable. It was further urged on behalf of the non-applicant No. 1 Narayandas that the Panchnama prepared at the time of attachment does not show that the property was attached from the possession of applicant Ramratandas and the civil Court has nowhere ordered that the property be returned to Ramratandas.

( 10. ) THE point for consideration is whether the revision petition deserves to be allowed.

( 11. ) IT is not in dispute that the Hansdas Maharaj founded the Hansdas Maths. Shesh Narayandas was the last Mahant of the Indore Math. He died on 9-8-1981 at Indore. The Math owns movable and immovable property. Hansdas vidya Peeth is run by the Math. The real dispute between the applicant No. 1 and the non-applicant No. 1 is as to the office of Mahantship. As mentioned in paragraph 10 of the impugned order, out of the three civil proceedings instituted in respect of the property in dispute, one is for issuance of succession certificate, the other is for issuance of probate and the third one is the civil suit referred to above.

( 12. ) QUESTION of actual possession was involved only in the said suit. As already stated Ramratandas had pleaded that he was in possession and tempo