A.S. Tripathi, J.

1. This petition has been presented under Section 482, Criminal Procedure Code against the order dated 9th of April, 1991, passed by IIIrd Additional Sessions Judge of Vidisha in Criminal Revision No. 109/90, confirming the order of the Sub-Divisional Magistrate, Kurwai dated 16th of Nov. 1990 dropping the proceedings under Section 145, Criminal Procedure Code.

2. Facts as admitted on record are that petitioner is a mortgagee in respect of certain land from respondent No. 1 Bahadur Singh. Bahadur Singh had executed a simple mortgage-deed in favour of the petitioner on 22-1-1986 against certain money borrowed by respondent No. 1. Petitioner was said to have been put in possession over the disputed land. An application was moved under Section 145, Criminal Procedure Code and the Sub-Divisional Magistrate recording a preliminary finding that there was a likelihood of breach of peace attached the said property. Further inquiry was held and it was found by the learned Magistrate that the original mortgagor Bahadur Singh was only a co-sharer in the property and shares of other two co-sharers were also there and the possession was joint.

3. Claim of the petitioner that