Order: This revision petition is presented by the first party in proceedings arising under section 145 of the Code of Criminal Procedure. The Magistrate who was unable to come to a conclusion as to which of the two parties was in possession at the relevant point of time referred the parties to a civil Court. The argument advanced by Mr. Ranga Iyengar is that, if the Magistrate was unable to decide which of the parties was in possession his duty was to draw up a statement of the facts of the case and forward the record of the proceeding to a civil Court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject-matter of dispute at the relevant point of time. In my opinion; this submission can have no answer. Mr. Nanjunduswamy however pointed out that the first respondent in this revision petition has filed a suit in the Court of the Munsiff of Tiptur for a declaration that he is the owner of the property and for other suitable consequential reliefs and that for that reason I should decline to send back the matter to the Magistra;e for action being taken under section 146. Mr. Ranga Iyengar who does not admit that any suit was instituted, submitted that notwithstanding the institution of a suit by the first respondent, the Magistrate iIs under a duty to comply with the requirements of section 146 and to send the matter to the civil Court for a decision on the question referred to in that section. It seems to me that Mr. Ranga Iyengar is right. I accordingly set aside the order of the Magistrate and direct him to proceed with the matter as provided by section 146 of the Code of Criminal Procedure. S.V.S. ----- Petition allowed.