Law: Criminal Procedure Code (V of 1898)

Section: 145

Criminal Procedure Code (V of 1898) ---145(1) & (5)-Proceedings once drawn up under subsection (1)-Cannot be dropped without complying with provision of subsection (5). A proceeding once drawn up under subsection (1) of section 145. Cr. P. C. cannot be dropped unless the provisions of subsection (5) of the said section are complied with. A proceeding can be dropped or cancelled under subsection (5) of section `145, Cr. P. C. when the parties have compromised their dispute or the person initiating the proceeding has given up his claim of possession or when the Magistrate is satisfied that the apprehension of breach of peace which was the sine qua non for drawing up the proceeding has ceased , to exist. A Magistrate can drop a proceeding only on satisfaction as to non-existence of the dispute likely to cause a breach of the peace. He cannot drop a proceeding abruptly without a finding as to the non -existence of breach of peace. Malik Manzoor Elahi v. Lala Bishambar Dass and another P L D 1964 S C 137; A. Razzak v. Abdul Majid 20 D L R 200 and 49 Mad. 232 rel.   ORDER This Rule is directed against an order dated 10-4-68 passed by Mr. S. Ahmad, Sub-Divisional Magistrate, Feni dropping a proceeding earlier drawn under section 145 (1), Cr. P. C. The learned Magistrate has dropped the proceeding with the following observations :- "Under Articles 387 and 404 of section 145, Cr. P. C. in Mitres' Book, the intention of the section is not to disturb the party admittedly in possession and also the subject involves movable property. Under the circumstances the proceedings under section 145, Cr. P. C. is not maintainable. Proceeding is dropped. Inform Receiver." The first party petitioner filed an application before the learned Sub-Divisional Magistrate, Feni for drawing up a proceeding under section 145, Cr. P. C. against the second party opposite-parties on the allegations that the second party men were disturbing the possession of the first party on the schedule lands and as a result there was a serious apprehension of breach of peace between them in respect of the said lands. The learned Sub-Divisional Magistrate on being satisfied from the…