Short Note : 1. On 29.11.1973, the Court has ordered that the property should be attached under section 145 (4) Cr. P.C. and after attaching the property, it should be given in the custody of Sarpanch, Gram Panchayat Gulendera and the date fixed for evidence was 31.12.1973. Against this order passed under Section 345 (4) Cr. P.C. a revision was filed. This revision was allowed by the First Additional Sessions Judge, Morena who referred the matter to this Court. After allowing the revision, he has said that before passing the order under section 145 (4) Cr.P.C. the Court should have satisfied that there is a dispute in which there is an apprehension of breach of peace and also there exists such an emergency that the property should be attached. These two conditions do not exist, in the present case and, therefore, the order is bad. After Bholaram was made a party, there is no report by the Police that there is an apprehension of breach of peace and an emergency exists and, therefore, the property should be attached. One ground which is also considered by the learned Additional Sessions Judge is that the identity of the property should have been established first. 2. I think, the grounds mentioned by the lower Court for accepting the revision are well- founded and the finding given by the learned Additional Sessions Judge is correct. From the order dated 29.11.1973 which is passed by the trial Court, it is not clear how the Court came to the conclusion that there is an apprehension of breach of peace and also that it is a case of emergency and, therefore, the order passed under section 145 Cr.P.C. by the learned Magistrate cannot be maintained. 3. The result is that the reference is accepted and the order dated 29.11.1973 is set aside. The file will go back to the trial Court for disposal according to law.