Law:

Section:

Criminal Procedure Code (V of 1898), S. 145 Magistrate can drop proceedings at any stage if' satisfied that there was no likelihood of breach of peace Not bound to give parties opportunity to establish contrary. It is open to a Magistrate who has passed a preliminary order under section 145 of the Criminal Procedure Code, 1898, directing the parties to file written statements as regards their respective claims to possession of the subject matter in dispute, subsequently to drop the proceedings if he is satisfied that there was no likelihood of a breach of the peace, and he is not bound to give the parties an opportunity to establish the contrary. Donapudi Narasyya and another v. Chinguluri Venkian and others I L R 49 Mad. 232 ; Velur Devasthanam by its Head Clerk, R. Ramaswami Pillai v. A. Sambandamurthi Nainar 58 Cr. L J 1145 ref. Sastu Sahu and others v. Nathuni Thakur and others 26 Cr. L J 105 distinguished. THIS JUDGMENT DELIVERED BY: BAQUER, JUSTICE---.--- This Rule is directed against an order of Mr. G. R. Chowdhury, Sessions Judge, Khulna, dated 28 11 58, dismissing the petition of the petitioners as against the order of Mr. A. N. M. S. Alam, .,Sub Divisional Magistrate, Satkhira, dated 19 7 58, dropping the proceedings under section 145 of the Code of Criminal Procedure and vacating the attachment and sale orders. 2. The petition discloses that on the report of the police, Satkhira, to the effect that there was an apprehension of a breach of the peace over the possession and cultivation of some plots of lands lying in the Alipur beel, described in the Schedule of the report, between the 1st party opposite party and the second party petitioners headed by petitioner No. 1, the learned Sub Divisional Magistrate, being satisfied as to the existence of the apprehension of a breach of the peace, drew up a proceeding with respect to the said land against the opposite parties as first parties and the petitioners as the second party under section 10 of the Code of Criminal Procedure on 14 6 58 and both the parties were restrained by that order from entering on the said land and exercising any act of physical possession over the land mentioned in the Schedule…

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