JUDGMENT This petition under section 482 CrPC has been filed by the applicant against the order passed by the learned Addl. Sessions Judge, Datia dated 7.3.98. Learned counsel for the applicant contended that the impugned order passed by learned Addl. Sessions Judge Datia dated 7.3.98 is wholly illegal and amounts to miscarriage of justice. He further contended that the learned Magistrate in his order dated 1.10.97 specifically held that there was apprehension of breach of peace and as such the order of attachment was passed. A revision petition was preferred against that order before the revising Court. The learned revising Court set-aside that order on the mere ground that the learned SDM did not mention that there was a case of emergency and the property was in possession of both the parties. This observation is against the record. Learned counsel for respondent No. 2 on the other hand contended that a civil suit is also pending and this matter was raised before the learned revising Court. He pointed out that the question relating to filing of pending civil suit was specifically raised in the memorandum of the revision petition. I have considered the contentions. It is apparent that the impugned order is against the record. The learned Magistrate specifically mentioned that there was a case of emergency and there was apprehension of breach of peace and as such the order passed by learned revising Court is illegal and amounts to miscarriage of justice. It has to be set-aside. It may be observed that it is claimed that a civil suit is pending, but this aspect has not been considered by the learned revising Court. Consequently the petition is allowed. The impugned order is set-aside and the learned revising Court is directed to consider the fact of the pendency of civil suit, if at all, and after hearing both the parties on merits, pass a suitable order in accordance with law. Parties to appear before the learned revising Court on 10th March, 1999.