JOHN PALANISAMY Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482, Criminal Procedure code to call for the records and quash the proceedings in M. C. No. 36 of 1988 on the file of the Sub Divisional Magistrate and Sub Collector, Coimbatore.

(2.) SUB Divisional Magistrate passed on 14-4-1988 two orders. One is under Section 145, Criminal Procedure Code in which it is stated that it has been reported to him that there was likelihood of. breach of peace on account of rival claims of A and B parties in respect of the building bearing door No. 8, Ward No. VI, Sathyamangalam Main Road, Sirumugai, being satisfied of such likelihood, he has directed both the petitioners and the counter petitioners to appear before him on 25-4-1988 at 11 a. m. for an enquiry under Section 145, Criminal Procedure Code. On the same day, he passed an order under Section 146, Criminal Procedure Code in which he has referred to the order passed under Section 145. Then he proceeded to state that he considered the case as one of the emergency and that he was unable to satisfy himself as to which of the said parties was in possession of the disputed properties. Therefore, he authorised the Inspector of Police, Mettupallayam circle to attach the disputed property and to get possession thereof until decree or order of competent qourt determining the rights of the parties with regard to entitlement to possession has been obtained.