Golvalkar J.- 1. This revision petition is by the party who has been unsuccessful in the proceedings under section 145 of the Cr. P. Code in Cr. Case No. 61 of 1969 of the Court of Sub-divisional Magistrate. Damoh, which have ended in favour of non-applicant No.1. The Sessions Judge, when moved, declined to do so as in his opinion, there was no cause for the same.

2. The facts giving rise to the proceedings under section 145 of the Cr. P. Code are these, and they are substantially accepted excepting only with respect to the status of non-applicant No.1 and his possession on that basis. According to the petitioners non-applicant was a Pujari. while according to him. he is a Sarbarakar of the Deity; that temple in village Patna of Shri Deo Janki Raman was built by Raja Harbansh Rai Bahadur of Bajranggarh, Tahsil and District Damoh in Samvat year 1940; that he dedicated land 120.85 acres in village Patna for the maintenance and Prasad of the Deity installed in the said temple; that Raja Harbansh Rai created a private trust which lasted upon 5-1-1956; that a public trust was created at the instance of the petitioners both of the temple as also property vide Revenue Case No. 341-33/