JUDGMENT This application is directed against the final order in a proceeding under Section 145 of the Criminal Procedure Code (shortly referred to as the Code). 2. It appears that the petitioner no 2, was a leasee of a particular cinema hall belonging to the opp. party at Muzaffarpur for eight years and the lease was created in the year 1978. Further it appears that there arose some dispute between the parties and on 3.3.81, the opposite party had given an information that the petitioners are removing certain articles and simultaneously, the opposite party had put its lock. However, the lock was removed and it appears that the petitioner no. 2 was operating the cinema business alright. Thereafter the opp. party came with a plea that the petitioner has been disposed and that thus, there was a proceeding under section 144 of the Code, which was subsequently converted under section 145 of the Code. There appears to be also an order under section 146 (1) and ultimately, the impugned order has been passed. 3. It has been rightly argued on behalf of the petitioners that the learned court below has also ignored the fact as would appear from the existing document and facts that petitioner no. 2 was a lessee who was to run the cinema hall far eight years and the period has not yet covered and moreover from the case made out by the opposite party, there is sufficient indication that the petitioner were in physical possession. 4. In that view of the matter, there should not have been any proceeding under section 145 of the Code and in my view, the entire matter has been decided in an erroneous manner. 5. In the circumstances, the impugned order is set aside. The case is sent back for hearing arguments and decide the issue in accordance with the observations made above. Application allowed.