KAULESHARI Vs. BINDA

JUDGEMENT

(1.) The petitioners have come up for quashing an order dated the 21st September, 1971, by which the Sub-Divisional Magistrate of Chapra Sadar has initiated a proceeding under Section 145 of the Code of Criminal Procedure, 1898 {hereinafter referred to as the Code) against the petitioners, with respect to certain lands which were alleged to be in dispute between the parties.

(2.) It was contended on behalf of the petitioners that in view of the fact that the possession of the petitioners had already been held in a proceeding under Section 144 of the Code in respect of the same land and between the same parties, the Magistrate was not competent to start a proceeding under Section 145 of the Code on 21-9-1971, only two days after the matter was disposed of by the District Magistrate in a revision arising out of the order dated 3-3-1970 of the Magistrate disposing of the proceeding under Section 144 of the Code in favour of the petitioners. It was further contended that the order initiating the proceeding under S. 145 of the Code was bad also because the Magistrate did not comply with the requirements of Section 112 of the Code, as he simply stated in the order that a proceeding under Section 145 of the Code be started and that written statements etc. be filed by 18-10-1971. It was also contended that a fresh police report should have been called for before starting the proceeding under Section 145 of the Code.

(3.) None of the contentions of the learned Counsel for the petitioners appears to have any substance in it. I will deal with the last contention first. The law does not require that necessarily the Magistrate must call for or receive a report from the police before starting a proceeding under Section 145 of the Code. All that it required is that if the competent Magistrate is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, etc. It is. therefore, quite manifest that a proceeding under Section 145 of the Code may be started on information other than a police report.