JUDGMENT

CHINNAPPA REDDY, J.:—On the report of the Station House Officer, Manak Chowk, Ratlam, that there was a dispute between Mathuralal and Bhanwarlal concerning a house situated in Kambalpatti, Ghas Bazar, Ratlam, which was likely to cause a breach of the peace, the Sub-Divisional Magistrate, Ratlam, passed a preliminary order under S. 145 (1) of the Code of Criminal Procedure 1973, on 1st March, 1978. On 2nd March, 1978, the learned Magistrate attached the subject of dispute under S. 146 (1) Criminal Procedure Code considering the case to be one of emergency. Thereafter, when the learned Magistrate wanted to proceed with the enquiry under S. 145 Cr. P. C., an objection was raised by Mathuralal that such an enquiry was incompetent once the subject of the dispute had been attached under S.146 Cr. P. C. The objection was overruled by the learned Magistrate. Successive Revision taken before the Sessions Judge and the High Court having borne no fruit, Mathuralal has filed the present appeal by special leave of this Court. The High Court, we may mention here, thought that the matter was concluded against the appellant by the decision of this Court in Chandu Naik v. Sitaram B. Naik,