Judgment Case ID: 4079

Judgment:
: Criminal Appeal No. 10 of 1979. Appeal by Special Leave from the Judgment and Order dated 12 10 1978 of the Madhya Pradesh High Court in Criminal Revision No. 336 of 1978. 622 D. N. Mukherjee and N. R. Choudhary for the Appellant. Dalveer Bhandari for Respondent No. 1. The Judgment of the Court was delivered by CHINNAPPA REDDY	 J. On the report of the Station House Officer	 Manak Chowk	 Ratlam	 that there was a dispute between Mathuralal and Bhanwarlal concerning a house situated in Kambalpatti	 Ghas Bazar	 Ratlam	 which was likely to cause a breach of the peace	 the Sub Divisional Magistrate	 Ratlam	 passed a preliminary order under Section 145(1) of the Code of Criminal Procedure 1973	 on Ist March	 1978. On 2nd March	 1978	 the learned Magistrate attached the subject of dispute under Section 146(1) Criminal Procedure Code considering the case to be one of emergency. Thereafter	 when the learned Magistrate wanted to proceed with the enquiry under Section 145 Criminal Procedure Code	 an objection was raised by Mathuralal that such an enquiry was incompetent once the subject of the dispute had been attached under Section 146 Criminal Procedure Code. The objection was overruled by the learned Magistrate. Successive Revisions taken before the Sessions Judge and the High Court having borne no fruit	 Mathuralal has filed the present appeal by special leave of this Court. The High Court	 we may mention here	 thought that the matter was concluded against the appellant by the decision of this Court in Chandu Naik & Ors. vs Sitaram B. Naik & Anr.(1) Shri Mukherji	 learned counsel for the appellant urged that under Section 146 of the Criminal Procedure Code of 1973	 an attachment of the subject of dispute could be effected in three situations: (i) if the Magistrate at any time after making the order under Section 145(1) considered the case to be one of emergency	 or (ii) if he decided that none of the parties was then in such possession as was referred to in Section 145	 or (iii) if he was unable to satisfy himself as to which of them was then in such possession of the subject of dispute. The attachment so effected	 regardless of the situation consequent upon which it was effected	 was to subsist until a competent Court determined the rights of the parties with regard to the person entitled to possession. This	 he urged	 clearly indicated that after an attachment was effected it was the Civil Court and not the Magistrate that was to have further jurisdiction in the matter. He contrasted the provisions of Section 146(1) of the present code with the provisions of Section 146(1) and the third proviso to Section 145(4) of the Criminal Procedure Code of 1898 as amended by Act 26 of 1955. He drew our 623 attention to the circumstance that the third proviso to Section 145(4) of the old Code empowered the Magistrate	 if he considered the case one of emergency	 to attach the subject of dispute pending his decision under that Section	 while Section 146(1) of the previous Code empowered the Magistrate to attach the subject of dispute if the Magistrate was of the opinion that none of the parties was then in possession or if the Magistrate was unable to decide as to which of them was in such possession and thereafter to refer to the Civil Court for decision the question whether any and which of the parties was in possession of the subject of dispute. Therefore	 he said	 under the previous Code	 in the case of attachment because of emergency the Magistrate was himself competent to decide the question of possession and in the other two cases he was to refer the dispute to the Civil Court	 whereas	 under the present Code	 in all the three situations the Magistrate was to leave the matter for adjudication by the Civil Court. Thus	 the submission of Shri Mukherji was that while under the previous Code it was permissible to attach the subject of dispute pending enquiry by the Magistrate as contemplated by Section 145	 such attachment pending decision by the Magistrate was not permissible under the provisions of the present Code. According to him so soon as the Magistrate effected an attachment he had nothing further to do except await the decision or the directions of the Civil Court. Though at first blush there appeared to be force in the submissions of Shri Mukherji	 a closer scrutiny of the provisions of Sections 145 and 146 exposes their unsoundness. It may perhaps be desirable	 at this stage to extract the provisions of Sections 145 and 146	 to the extent that they are relevant	 in the Code of 1898 before it was amended in 1955	 in the Code of 1898 after it was amended in 1955 and in the Code of 1973: 624 (a) 145 (1) Whenever a District Magistrate	 Sub divisional Magistrate or Magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof	 within the local limits of his jurisdiction	 he shall make an order in writing	 stating the grounds of his being so satisfied	 and requiring the parties concerned in such dispute to attend his Court in person or by pleader	 within time to be fixed by such Magistrate	 and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2). . (3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct	 and at least one copy shall be (b) 145 (1) Whenever a District Magistrate	 Sub divisional Magistrate or Magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof	 within the local limits of his jurisdiction	 he shall make an order in writing	 stating the grounds of his being so satisfied	 and requiring the parties concerned in such dispute to attend Court in person or by pleader	 within a time to be fixed by such Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute and further requiring them to put in such documents	 or to adduce	 by putting in affidavits	 the evidence of such persons	 as they rely upon in support of such claims. (2). . (3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct	 and at least one copy shall be (c) 145 (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof	 within his local jurisdiction	 he shall make an order in writing	 stating the grounds of his being so satisfied	 and requiring the parties concerned in such dispute to attend his Court in person or by pleader	 on a specified date and time	 and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2). . (3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct	 and at least one copy shall be 625 published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall then	 without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute	 peruse the statements so put in	 hear the parties	 receive all such evidence as may be produced by them	 respectively	 consider the effect of such evidence	 take such further evidence (if any) as he thinks necessary	 and	 if possible	 decide whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject: Provided that. . Provided also that	 if the Magistrate considers the case one of emergency	 he may at any time attach the subject of dispute	 pending his decision under this section. (5) Nothing in this section shall preclude any party so required to attend	 or any other person interested	 from showing that no such dispute as aforesaid exists published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall then	 without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute	 peruse the statements	 documents and affidavits	 if any	 so put in	 hear the parties and conclude the inquiry	 as far as may be practicable	 within a period of two months from the date of the appearance of the parties before him and	 if possible	 decide the question whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject: Provided that. . Provided further that. . Provided also that	 if the Magistrate considers the case one of emergency	 he may at any time attach the subject of dispute	 pending his decision under this section. (5) Nothing in this section shall preclude any party so required to attend	 or any other person interested	 from showing that no such dispute as aforesaid exists published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall then	 without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute	 peruse the statements so put in	 hear the parties	 receive all such evidence as may be produced by them	 take such further evidence	 if any	 as he thinks necessary	 and	 if possible	 decide whether any and which of the parties was	 at the date of the order made by him under sub section (1)	 in possession of the subject of dispute: Provided that. . (5) Nothing in this section shall preclude any party so required to attend	 or any other person interested	 from showing that no such dispute as aforesaid exists 626 (a) or has existed; and in such case the Magistrate shall cancel his said order	 and all further proceedings thereon shall be stayed	 but	 subject to such cancellation	 the order of the Magistrate under sub section (1) shall be final. (6) If the Magistrate decides that one of the parties was or should under the first proviso to sub section (4) be treated as being in such possession of the said subject	 he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law	 and forbidding all disturbance of such possession until such eviction and when he proceeds under the first proviso to sub section (4)	 may restore to possession the party forcibly and wrongfully dispossessed. (7). . (8). . (9). . (10). . (146) (1) If the Magistrate descides that none of the parties was then in such possession	 or is unable to satisfy himself (b) or has existed; and in such case the Magistrate shall cancel his said order	 and all further proceedings thereon shall be stayed	 but	 subject to such cancellation	 the order of the Magistrate under sub section (1) shall be final. (6) If the Magistrate decides that one of the parties was or should under the 2nd proviso to sub section (4) be treated as being in such possession of the said subject	 he shall issue an order declaring such party to be entitled to possession thereof until elected therefrom in due course of law	 and forbidding all disturbance of such possession until such eviction and when he proceeds under the second proviso to sub section (4)	 may restore to possession the party forcibly and wrongfully dispossessed. (7). . (8). . (9). . (10). . (146) (1) If the Magistrate is of opinion that none of the parties was then in such possession	 of the subject of dispute	 he (c) or has existed; and in such case the Magistrate shall cancel his said order	 and all further proceedings thereon shall be stayed	 but	 subject to such cancellation	 the order of the Magistrate under sub section (1) shall be final. (6) (a) If the Magistrate decides that one of the parties was or should under the proviso to sub section (4) be treated as being in such possession of the said subject	 he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law	 and forbidding all disturbance of such possession until such eviction and when he proceeds under the first proviso to sub section (4)	 may restore to possession the party forcibly and wrongfully dispossessed. (b). . (7). . (8). . (9). . (10). . (146) (1) If the Magistrate at any time after making the order under sub section (1) of Section 145 considers the case to be 627 as to which of them was then in such possession of the subject of dispute	 he may attach it until a competent Court has determined the rights of the parties thereto	 or the person entitled to possession thereof: Provided that the District Magistrate or the Magistrate who has attached the subject of dispute may withdraw the attachment at any time	 if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute	 he may	 if he thinks fit and if no receiver of the property	 the subject of dispute	 has been appointed by any Civil Court appoint a receiver thereof	 may attach it	 and 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 of dispute at the date of the order as explained in sub section (4) of section 145; and he shall direct the parties to appear before the Civil Court on a date to be fixed by him: Provided that the District Magistrate or the Magistrate who has attached the subject of dispute may withdraw the attachment at any time	 if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute. (1A). . (1B). . (1C). . (1D). . (1E). . (2) When the Magistrate attaches the subject of dispute	 he may	 if he thinks fit and if no receiver of the property	 the subject of dispute	 has been appointed by any Civil Court appoint a receiver thereof	 one of emergency	 or if he decides that none of the parties was then in such possession as is referred to in section 145	 or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute until a competent court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof : Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute he may	 if no receiver in relation to such subject of dispute	 has been appointed by any Civil Court	 make such arrangements as he considers proper for 628 (a) who subject to the control of the Magistrate	 shall have all the powers of a receiver appointed under the Code of Civil Procedure. Provided that	 in the event of a receiver of the property	 the subject of dispute	 being subsequently appointed by any Civil Court	 possession shall be made over to him by the receiver appointed by the Magistrate	 who shall thereupon be discharge. (b) who subject to the control of the Magistrate	 shall have all the powers of a receiver appointed under the Code of Civil Procedure. Provided that	 in the event of a receiver of the property	 the subject of dispute	 being subsequently appointed by any Civil Court	 possession shall be made over to him by the receiver appointed by the Magistrate	 who shall thereupon be discharge. (c) looking after the property or if he thinks fit	 appoint a receiver thereof	 who shall have	 subject to the control of the Magistrate all the powers of a receiver appointed under the Code of Civil Procedure	 1908 (5 of 1908): Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court	 the Magistrate (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him; (b) may make such other incidental or consequential orders as may be just. 629 Quite obviously	 Sections 145 and 146 of the Criminal Procedure Code together constitute a scheme for the resolution of a situation where there is a likelihood of a breach of the peace because of a dispute concerning any land or water or their boundaries. If Section 146 is torn out of its setting and read independently of Section 145	 it is capable of being construed to mean that once an attachment is effected in any of the three situations mentioned therein	 the dispute can only be resolved by a competent Court and not by the Magistrate effecting the attachment. But Section 146 cannot be so separated from Section 145. It can only be read in the context of Section 145. Contextual construction must surely prevail over isolationist construction. Otherwise	 it may mislead. That is one of the first principles of construction. Let us therefore look at Section 145 and consider Section 146 in that context. Section 145 contemplates	 first	 the satisfaction of the Magistrate that a dispute likely to cause a breach of the peace exists concerning any land or water or their boundaries	 and	 next	 the issuance of an order	 known to lawyers practising in the Criminal Courts as a preliminary order	 stating the grounds of his satisfaction and requiring the parties concerned to attend his Court and to put in written statements of their respective claims as regards the fact of actual possession of the subject of dispute. A preliminary order is considered so basic to a proceeding under Section 145 that a failure to draw up a preliminary order has been held by several High Courts to vitiate all the subsequent proceedings. It is by making a preliminary order that the Magistrate assumes jurisdiction to proceed under Sections 145 and 146. In fact	 the first of the situations in which an attachment may be effected under Section 146 of the 1973 Code has to be "at any time after making the order under sub section (1) of Section 145" while the other two situations have	 necessarily	 to be at the final stage of the proceeding initiated by the preliminary order. Now	 the preliminary order is required to enjoin the parties not only to appear before the Magistrate on a specified date but also to put in their written statements. Sub section (3) of Section 145 prescribes the mode of service of the preliminary order on the parties. Sub section (4) casts a duty on the Magistrate to peruse the written statements of the parties	 to receive the evidence adduced by them	 to take further evidence if necessary and	 if possible	 to decide which of the parties was in possession on the date of the preliminary order. If the Magistrate decides that one of the parties was in possession he is to make a final order in the manner provided by sub section (6). Provision for the two situations where the Magistrate is unable to decide which of the parties was in possession or where he is of the view that neither of them was in possession is made in Section 146 630 under which he may attach the subject of dispute until the determination of the rights of parties by a competent Court. The scheme of Sections 145 and 146 is that the Magistrate	 on being satisfied about the existence of a dispute likely to cause a breach of the peace	 issues a preliminary order stating the grounds of his satisfaction and calling upon the parties to appear before him and submit their written statements. Then he proceeds to peruse the statements	 to receive and to take evidence and to decide which of the parties was in possession on the date of the preliminary order. On the other hand if he is unable to decide who was in such possession or if he is of the view that none of the parties was in such possession he may say so. If he decides that one of the parties was in possession	 he declares the possession of such party. In the other two situations he attaches the property. Thus a proceeding begun with a preliminary order must be followed up by an enquiry and end with the Magistrate deciding in one of three ways and making consequential orders. There is no half way house	 there is no question of stopping in the middle and leaving the parties to go to the Civil Court. Proceeding may however be stopped at any time if one or other of the parties satisfies the magistrate that there has never been or there is no longer any dispute likely to cause a breach of the peace. If there is no dispute likely to cause a breach of the peace	 the foundation for the jurisdiction of the magistrate disappears. The magistrate then cancels the preliminary order. This is provided by Section 145 sub section (5). Except for the reason that there is no dispute likely to cause a breach of the peace and as provided by Section 145(5)	 a proceeding initiated by a preliminary order under Section 145(1) must run its full course. Now	 in a case of emergency	 a magistrate may attach the property	 at any time after making the preliminary order. This is the first of the situations provided in Section 146(1) in which an attachment may be effected. There is no express stipulation in Section 146 that the jurisdiction of the magistrate ends with the attachment. Nor is it implied. Far from it. The obligation to proceed with the enquiry as prescribed by Section 145 sub section 4 is against any such implication. Suppose a magistrate draws up a preliminary order under section 145(1) and immediately follows it up with an attachment under Section 146(1)	 the whole exercise of stating the grounds of his satisfaction and calling upon the parties to appear before him and submit their written statements becomes futile if he is to have no further jurisdiction in the matter. And yet he cannot make an order of attachment under Section 146(1) on the ground of emergency without first making a preliminary order in the manner prescribed by Section 145(1). There is no reason why we should adopt a construction which will lead to 631 such inevitable contradictions. We mentioned a little earlier that the only provision for stopping the proceeding and cancelling the preliminary order is to be found in Section 145(5) and it can only be on the ground that there is no longer any dispute likely to cause a breach of the peace. An emergency is the basis of attachment under the first limb of Section 146(1) and if there is an emergency	 no one can say that there is no dispute likely to cause a breach of the peace. Let us examine if a comparative study of the provisions as they stood	 before 1955 and after 1955 under the old Code and as they now stand under the 1973 Code lead us to a conclusion other than that indicated in the preceding paragraph. From the comparative table of the provisions	 it is seen that there were two principal changes made by the 1955 amendment. The first was that the preliminary order was also to require the parties to put in documents and the affidavits of such persons as they intended to rely upon in support of their claims. The magistrate was to decide the case on a consideration of the written statements the documents and the affidavits put in by the parties and after hearing them. The position earlier was that the parties had the right to adduce evidence and the magistrate could take further evidence if he so desired. The second change was that in the two situations where he was unable to satisfy himself as to which of the parties was in possession or where he decided that none of the parties was in possession	 after attaching the property	 the magistrate was himself to refer the dispute to the Civil Court instead of leaving it to the parties to go to the Civil Court. He was to obtain the finding of the Civil Court and thereafter conclude the proceeding under Section 145 Criminal Procedure Code in conformity with the decision of the Civil Court. The revised procedure introduced by the 1955 amendment was not found to work satisfactorily and	 therefore	 it was	 apparently	 thought desirable to revert to the old procedure. The provisions of Sections 145 and 146 of the 1973 Code are substantially the same as the corresponding provisions before the 1955 amendment. The only noticeable change is that the second proviso to Section 145(4) (as it stood before the 1955 amendment) has now been transposed to Section 146 but without the words "pending his decision under this Section" and with the words "at any time after making the order under Section 145(1)" super added. The change	 clearly	 is in the interests of convenient draftsmanship. All situations in which an attachment may be made are now mentioned together in Section 146. The words "pending his decision under this section" have apparently been omitted as unnecessary since Section 145 provides how the proceeding initiated by a preliminary order must pro 632 ceed and end and therefore an attachment made 'at any time after making under Section 145(1) ' can only continue until the termination of the proceeding. At the termination of the proceeding	 if he finds one of the parties was in possession as stipulated	 the magistrate must make an order as provided in Section 145(6) and withdraw the attachment as provided in Section 146(1) since there can be no dispute likely to cause a breach of the peace once an order in terms of Section 145(6) is made. In our view	 it is wrong to hold that the magistrate 's Jurisdiction ends as soon as an attachment is made on the ground of emergency. A large number of cases decided by several High Courts some taking one view and the other a different view were read to us. We do not consider it necessary to refer to them except to acknowledge that we derived considerable assistance from the judgment of Lahiri	 J.	 in Kshetra Mohan Sarkar vs Paran Chandra Mandal(1)	 in arriving at our conclusion. We may also add that the question now at issue did not arise for consideration in Chandu Naik & Ors. vs Sitaram B. Naik & Anr. (supra). What was decided there was that a proceeding under Section 145 Criminal Procedure Code did not abate because of Section 8 of the Maharashtra Vacant Land (Prohibition of unauthorised Occupation and Summary Eviction) Act	 1975. In the result the appeal is dismissed. P.B.R. Appeal dismissed.

Summary:
Apprehending breach of peace on account of a dispute over a house between the appellant and the respondent the Sub Divisional Magistrate passed a preliminary order under section 145(1)	 Cr.P.C.	 1973 and later attached the subject matter of dispute under section 146(1) on the ground that it was a case of emergency. The appellant 's objection that once the subject of the dispute had been attached under section 146	 he was not competent to proceed with the enquiry under section 145 was overruled by the Magistrate. Having failed in his revision petitions before the Sessions Judge and the High Court the appellant preferred an appeal to this Court. It was contended on behalf of the appellant that while under the previous Code it was permissible to attach the subject of dispute pending enquiry by the Magistrate as contemplated by section 145 such attachment pending decision by the Magistrate was not permissible under the present Code and that once the Magistrate effected an attachment he had nothing further to do except await the decision or the direction of the civil court. Dismissing the appeal	 ^ HELD: It is wrong to say that the Magistrate 's jurisdiction ends as soon as an attachment is made on the ground of emergency. [632 C] 1. (a) Sections 145 and 146 of the Criminal Procedure Code together constitute a scheme for the resolution of a situation where there is a likelihood of a breach of the peace because of a dispute concerning any land or water or their boundaries. If section 146 is torn out of its setting and read independently of section 145	 it is capable of being construed to mean that once an attachment is effected in any of the three situations mentioned therein	 the dispute can only be resolved by a competent Court and not by the Magistrate effecting the attachment. But section 146 cannot be so separated from section 145. It can only be read in the context of section 145. Contextual construction must prevail over isolationist construction. That is one of the first principles of construction. [629 A C] (b) On being satisfied about the existence of a dispute likely to cause a breach of peace	 the Magistrate issues a preliminary order stating the grounds of his satisfaction and calling upon the parties to appear before him and submit their written statement. On perusal of the written statements he would proceed to record evidence to decide which of the parties was in possession on the date of the preliminary order. If he decides that one of the parties was in possession he declares possession of such party. If on the other 621 hand he is unable to decide who was in possession or if he is of opinion that none of the parties was in such possession	 he may say so. If he decides that one of the parties was in possession he declares the possession of such property. In the other two situations he attaches the property. Thus a proceeding begun with a preliminary order must be followed up by an enquiry and end with the Magistrate deciding in one of three ways and making consequential orders. [630 A D] (c) The Magistrate may	 however	 stop the proceedings at any time if one or the other of the parties satisfies him that there has never been or that there is no longer any dispute likely to cause a breach of the peace. The Magistrate then cancels the preliminary order vide section 145(5) except in this event a proceeding initiated by a preliminary order under section 145(1) must run its full course. [630 E] (d) One of the situations provided under section 146(1) is that in a case of emergency a Magistrate may attach the property at any time after making the preliminary order. There is no express stipulation in section 146 that the jurisdiction of the Magistrate ends with the attachment. Nor is it implied. The obligation to proceed with the enquiry as prescribed by section 145(4) is against any such implication. [630 G] 2. The position under the section before its amendment in 1955 was that the parties that the right to adduce evidence and the Magistrate could take further evidence if he so desired. There were two principal changes in the section as a result of the amendment in 1955: (1) the preliminary order was also to require the parties to put in documents and affidavits of such persons as they intended to rely upon in support of their claims. The Magistrate was to decide the case on a consideration of the written statements	 the documents and affidavits put in by the parties and after hearing them come to a conclusion. (2) Where he was unable to satisfy himself as to which of the parties was in possession or where he decided that none of the parties was in possession after attaching the property	 the Magistrate was himself to refer the dispute to the civil court instead of leaving it to the parties to go to the civil court. He was to obtain a finding of the civil court and thereafter conclude the proceeding under section 145 in conformity with the decision of the civil court. The revised procedure having been found to be unsatisfactory sections 145 and 146 were again amended so as to revert to the position obtaining before the 1955 amendment. In the present section 146 all situations in which an attachment may be made are now mentioned together. [631 D F] Chandu Naik & Ors. vs Sitaram B. Naik & Anr. ; Crl. L. J. 356 distinguished. Kshetra Mohan Sarkar vs Puran Chandra Mandal	 1978 Crl. L.J. 936	 approved.