MANGRU MUNDA Vs. SARWAN BARAIK

JUDGEMENT

(1.) The facts of this case are as follows. On the 1st July, 1967, the opposite party filed a petition before the Subdivisional Magistrate of Simdega by which he prayed that a proceeding under Section 145 of the CODE OF CRIMINAL PROCEDURE, 1973 may be started. It was alleged in the petition that the petitioners were threatening that the opposite party would be assaulted if he did not give up possession of the land given in the schedule of the petition. The learned Subdivisional Magistrate passed the following order:

(2.) It appears that the basis of the impugned order was a bona fide dispute about the possession of the lands given in the schedule of the petition filed by the opposite party. Nowhere the learned Magistrate has observed that he was satisfied that there was an apprehension of breach of the peace between the parties. The Magistrate can only act under Section 145 of the CODE OF CRIMINAL PROCEDURE, 1973, provided he is satisfied from the police report or other information that a dispute likely to cause breach of the peace exists concerning any land or water. In the present case, neither the orders passed by the Sub-divisional Magistrate nor anything on the record besides the application filed by the opposite party show that an apprehension of breach of the peace existed. Mere filing of a petition by one party does not give the Magistrate jurisdiction to start a proceeding under Section 145 of the Code.

(3.) It is well settled by decisions that under Section 145(1) of the Code, two things are necessary, namely, (1) that there should be a dispute relating to any land or water, and (2) that the said dispute was likely to cause a breach of the peace. A Magistrate passing an order under Section 145 of the CODE OF CRIMINAL PROCEDURE, 1973 should be satisfied about the existence of both. It is necessary that the Magistrate before taking action under Section 145 of the Code should be satisfied not only with the existence of a dispute concerning some land or water but also that the dispute is likely to cause a breach of the peace,