Code of Criminal Procedure, 1973–Secs. 145 & 146–Order of attachment–Set aside by the Revisional Court–Appreciation of–There is a unity of title and possession of parties–Magistrate was conscious that a suit for partition was pending between the parties before the competent Revenue Court–If there was the apprehension of breach of peace, the Magistrate could have opted for other preventive proceedings such as u/s. 107 Cr.P.C. and could not have bent upon to decide the possession u/s. 145–Held, no error is found in the impugned order of Revisional Court.
