KANAK DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) WITH the help of this application, made under Section 482 CrPC, the petitioner has put to challenge the order, dated 21.09.2010, passed by the learned Additional District Magistrate, Darrang, Mangaldoi, in Misc. Case No. 435/2010, whereby a proceeding, under Section 145 CrPC, has been drawn in respect of the disputed land and the disputed land has been placed under attachment in exercise of power under Section 146(1) CrPC.

(2.) HEARD Mr. N. K. Baruah, learned counsel for the petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for opposite party No. 1. Also heard Mr. B. D. Goswami, learned counsel, appearing for opposite party No. 2.

(3.) A bare reading of sub-Section (1) of Section 145 shows that the conditions precedent for passing an order, under Section 145(1), are that the Magistrate must be satisfied, the satisfaction being that there is a dispute with regard the land or boundaries thereof, which is likely to cause breach of peace.