JUDGMENT D. P. Uniyal, J. - This reference has been made by the learned Sessions Judge, Ballia recommending that proceedings under Section 145 Cr.P.C. be quashed and the order passed by the Sub-Divisional Magistrate, Rasra on January 30, 1965 be set aside. 2. Proceedings under Section 145 Cr.P. C. were instituted at the instance of one Basudeo in respect of certain plots. After the Magistrate had attached the said plots he called upon the parties to file their written statements and adduce such evidence as they may consider necessary. On the first day of hearing Ramdeo Singh moved an application challenging the jurisdiction of the Magistrate to proceed with the case on the ground that the land in dispute fell outside his territorial jurisdiction. At a later 'stage the matter was brought up to this Court and my brother Mathur, J. passed the following order: "The revision is hereby allowed and the Magistrates order dated December 8, 1961 is quashed. The objection made by Ramdeo Singh applicant shall be deemed to be still pending which shall now be decided in accordance with law after giving a hearing to the parties." 3. When the case went back to the Magistrate the parties adduced evidence in support of their respective claims as also on the question whether the plots in dispute lay within the territorial jurisdiction of the Sub-Divisional Magistrate, Ballia. The Magistrate held that he had jurisdiction to try the case and released the plots in favour of the opposite party. 4. A revision application was then filed before the Sessions Judge challenging the legality of the order of the Magistrate, inter alia, on the ground that he had no jurisdiction to try the case. The learned sessions Judge was of the opinion that the Magistrate, Rasra had no territorial jurisdiction in respect of the disputed land. He relied on the affidavits of two Sub-Inspectors, one of Police Station, Garwar, Ballia and the other of Police Station, Karimuddinpur, Ghazipur wherein it was averred that "even now police station Karimuddinpur exercises jurisdiction on all the land of village Gosalpur which on account, of the change in the course of river Tons is on the Ballia side of the river".
The learned Sessions Judge observed-that the criminal courts at Ballia would have jurisdiction in respect of the disputed land only if it was shown that it fell within the jurisdiction of Police Station Garwar and not otherwise. 5. As to what constitutes a sub-division is to be found in Section 8 Cr.P.C which reads :- "S. 8. The State Government may divide any district outside the presidency-towns into sub-divisions, or make any portion of any such district a sub-division and may alter the limits of any sub-division." 6. By clause (s) of Section 4 police station has been defined as follows :- "Any post or place declared, generally or specially, by the State Government to be a police station, and includes any local area specified by the State Government in this behalf." 7. By reading the two provisions together it becomes clear that the territorial limits of a Magistrates jurisdiction are to be determined with reference to area comprised in the police stations; of a particular sub-division over which he presides. From the evidence in the instant case it appears that village Gosalpur in which the land in question is situate lies within the local area of police station Karimuddinpur, District Ghazipur. Therefore, the Sub-Divisional Magistrate of District Ghazipur alone had jurisdiction to try the case. In so far as the present case was tried by the Sub-Divisional Magistrate of District Ballia the order passed by him was without jurisdiction and is liable to be set aside. 8. I accordingly accept the reference and quash the order made by the Sub-Divisional Magistrate, Ballia on January 30, 1965.