KOTTARATHIL MAVUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl. R. P No. 166 of 1981 is by the B party in M. C. No. 14/81 on the file of the Sub Divisional Magistrate, Perinthalmanna. The revision is against a composite order dated 4-4-1981 under S.145(1) and 146(1) of the Criminal Procedure Code, 1973, as per which the Magistrate has stated that for the reason of credible information laid by the Circle Inspector of Police, Malappuram through the Deputy Superintendent of Police, Tirur, that there exists serious likelihood of breach of peace concerning the property in R. S. No. 196/1A of Cherukavu Amsom and Village he is satisfied that there are sufficient grounds for taking proceedings. The A and B parties were directed to attend the Court of the Sub Divisional Magistrate at 11 A. M. on 9-4-81 either in person or by pleader and put in written statements and documents in respect of their claims to prove actual possession of the subject of dispute and also to adduce evidence if any that the parties want to rely upon in support of their claims. The third paragraph of the order reads as follows:

(2.) On admission of the revision petition, this part of the order had been stayed by this Court in Crl. M. P. No. 378 of 1981 and the attachment has not taken effect until this date.

(3.) The only question is whether a composite order of the nature passed by the Magistrate incorporating a preliminary order under S.145(1) and an order of attachment under S.146(1) Crl. P. C. can be sustained in law.