TAPAN BARUAH Vs. LAKSHMI KANTA DAS

JUDGEMENT

(1.) This revision petition arises from the composite order dated 26. .4.85 passed by learned Executive Magistrate, Gauhati, Sri G. Choudhury under section 145(1) and section 146(1), Criminal Procedure Code in Case No. 231 M of 1985.

(2.) Mr. D.N. Choudhury, the learned counsel for the petitioner, has submitted that the learned Magistrate passed the preliminary order without complying with the provisions of section 145(1).

(3.) The question then is whether the preliminary order passed by the learned Magistrate was in breach of section 145(1)? Section 145 provides that an Executive Magistrate shall, if he is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, make an order in writing stating the grounds of his being so satisfied. Therefore, section 145(1) requires the Magistrate to record his reason for his satisfaction on basis of the facts set out in the police report or other informations received by him by giving due regard to the credibility and sufficiency of information received by him. In other words section 145 requires that the Magistrate must be satisfied before initiation proceeding that a dispute regarding land or water or boundary thereof exists and that such dispute is likely to cause a breach of the peace. Once he is satisfied of these two conditions, the section requires the Magistrate to pass a preliminary order under section 145(1) in writing stating the grounds of the satisfaction. If the Magistrate has expressed his satisfaction as stated above, the High Court in the exercise of its revisional jurisdiction would not go into the question of sufficiency of material, which has satisfied the Magistrate.