DARSHAN SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) By way of instant petition under Sec. 482 Crimial P.C. petitioner has challenged the order dated 26.5.2000 passed by Additional Sessions Judge, Sri Ganganagar refusing to interfere with the order dated 18.3.2000 passed by the Sub Divisional Magistrate, Raisingh Nagar in proceedings under Sections 145 and 146(1) Crimial P.C.

(2.) It is well settled that the proceedings under Sec. 145 Cr P.C. is a Police proceedings. The proceedings are initiated by drawing preliminary order under Sec. 145(1) Crimial P.C. The learned Magistrate gets a jurisdiction to initiate the proceedings under Sections 145/146 Crimial P.C. on being satisfies 10 that there is a likelihood of breach of peace. The satisfaction about the existence of dispute concerning the possession of move-able property is likely to cause breach of peace must reflects from the preliminary order. It is obligatory on the part of the Magistrate initiating the proceedings to set out grounds on which he satisfies the dispute likely to cause breach of peace exists.

(3.) I have perused the order dated 18.3.2000, the relevant parts reads as follows:-