Short Note : 1. This is a reference by the Third Additional Sessions Judge, Raipur for setting aside the order, dated 23-8-1972 passed in Criminal Case No. 163 of 1970 by the Sub-Divisional Magistrate, Mahasamund in proceedings under section 145 of the Code of Criminal Procedure, 1898 (hereinafter referred to as "the old Code"). The Additional Sessions Judge has recommended that the parties as have been mentioned by him in para 9 of his referring order be declared to be in possession of the respective land shown against each. Held : In my opinion, this reference has to be accepted. In proceedings under section 145 of the Code the Magistrate has to decide and give a finding whether any and which of the parties was in possession of the property in dispute at the date of preliminary order. However, under the second proviso to sub-section (4) of section 145 of the Code if any party has been forcibly and wrongfully dispossessed within two months next before the date of such order, the Magistrate may treat the party so dispossessed as if he had been in possession at such date. The Magistrate has no power to inquire into and decide about rights of the parties to possession of the disputed property. He may however consider questions relating to title where it may be found necessary to effectively decide the question of possession or to corroborate or supplement the evidence regarding possession. Reference accepted.