JUDGMENT C.D. Parekh, J. - This reference has been made by order dated 15th June, 1971 passed by the IIIrd Temp. Civil & Sessions Judge, Gorakhpur, recommending that the order dated 24th April, 1971 passed by the S.D.M. Bansgaon, whereby he dropped the proceedings against the opposite-parties, be set aside. 2. From the proceedings in the case it appears that there was apprehension of breach of peace in between the par- ties and according to the magistrate him- self that related to some immovable property. In the circumstances, as has been given by the learned judge the magistrate was not justified in dropping the proceedings under section 107/117 Cr.P.C. He had powers to convert the proceeding under section 145 Cr.P.C., if he was satisfied that breach of peace related to some immovable property which could be specified in his preliminary order but dropping of the proceedings was not warranted in the circumstances of the case. The learned judge has given cogent reasons for setting aside the order and I agree with the reasoning given by the learned Judge. 3. I, therefore, set aside the order dated 24th April, 1971 passed by the S.D.M. Bansgaon, whereby he dropped the proceedings under section 107/117 Cr.P.C. Let the record be sent to the Magistrate to proceed in accordance with law. The reference is accepted.