Konjengbam Ibopishak Singh vs Ahongsangbam Sanakhomba Singh And Ors. on 14 December, 1984
However, the Punjab and Haryana High Court in Kirpal Singh v. State of Punjab, 1975 Cri LJ 1422 had an occasion to deal with the provision of Section 146(2) Cr. P.C. when it was observed that if the Magistrate was of opinion that none of the parties was in possession or was unable to decide as to which of them was in possession of the subject of dispute in a proceeding under Section 145 he could attach the subject of dispute and draw up a statement of fact and forward the record of the proceedings to a civil Court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject of dispute. Indeed, in this case also the scope merely of Sub-section (4) and not of Sub-section (5) of Section 145 only came up for consideration of the Court.