Short Note : 1. One Phulchand filed an application under section 145 Cr. P.C. against Deewansing and others. The learned Magistrate called for the police report and on 31-12-1966, passed the preliminary order and after taking evidence of both the parties, on 2-12-1969 passed a final order in favour of Phulchand. Against that the revision was filed. The revision was accepted by the learned Additional Sessions Judge. Held: After hearing the learned counsel, this Court is of the view that this reference must be accepted. The preliminary order passed on 31-5-1966 only mentions the police report is seen and preliminary order under section 145 (1) is passed to the effect that both the parties should produce evidence regarding the disputed trees. This order cannot be said to satisfy the requirements for passing the order under section 145 (1) Cr. P.C. Therefore the ground mentioned by the learned Additional Sessions Judge is correct and this Court is also of the view that there is no finding to the effect that because of apprehension of breach of peace such order was passed, as such it cannot be maintained. Revision allowed.