Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 145---Dispute concerning land likely to cause breach of peace---Possession of a party, issue of---Jurisdiction of Magistrate---Scope---Provision of S.145, Cr.P.C. clearly envisaged apprehension of breach of peace as a jurisdictional requirement---Issue of possession of a party could only be gone into by a Magistrate after his jurisdictional requirement was satisfied. (b) Criminal Procedure Code (V of 1898) --- ----S. 145---Dispute concerning land likely to cause breach of peace---Purpose of S.145, Cr.P.C.---Scope---Section 145, Cr.P.C. did not authorize a Magistrate to exercise jurisdiction on mere existence of a dispute relating to an immovable property---Purpose of S.145, Cr.P.C. was to prevent imminent apprehension of breach of peace over immovable or movable property. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 145 & 146---Dispute concerning land likely to cause breach of peace---Powers of Magistrate under S.145, Cr.P.C.---Scope---Attachment of disputed property--- Scope--- Magistrate on receipt of an application from a party had to pass an order under S.145(1), Cr.P.C.---Magistrate was required to call a report from the police and after perusal of the same, if he was satisfied from such report or from any other information that there existed a dispute between the parties in respect of the land, which was likely to cause breach of peace, he might pass an interim order in terms of S.145(4), Cr.P.C.---Where the material was not sufficient to pass an interim order, Magistrate might hold an inquiry by examining the parties and pass a final order restoring possession to a party which was dispossessed two months prior to its wrongful dispossession under S.145(6), Cr.P.C.---Where, during inquiry, material brought on record was not sufficient to record a finding over possession, Magistrate might order attachment of property in terms of S.146(1), Cr.P.C.---Section 145, Cr.P.C. did not curtail the powers of the Magistrate to pass a final order under S.145(6), Cr.P.C. after holding inquiry, in case of his failure to pass preliminary order under S.145(4), Cr.P.C. within two months---Only restriction imposed in…

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