ORDER

1. Leave granted.

2. Before the High Court, a petition was filed under Section 482 of the Criminal Procedure Code for quashing the order dated 25-5-2004 passed by the Sub-Divisional Magistrate (Defence Colony), New Delhi, under Section 145 CrPC in respect of Flat No. 544/14, Zakir Nagar, Okhla. The High Court dismissed the petition by a non-speaking order. Against that order of the High Court the appellant has filed this SLP.

3. The arguments were addressed before us for some length on the question as to who was in possession of the property on the relevant date. It is also contended that there being no apprehended breach of peace as per the observation made by the Sub-Divisional Magistrate, there is no need to pass an order under Section 145 CrPC.

4. Though the order of the Sub-Divisional Magistrate runs to three to four pages, no reasons are set out for reaching the conclusion that the property was in possession of Sajjid Hussain i.e. the respondent. The learned Magistrate merely observed that on perusing the records, he was satisfied that Sajjid Hussain, the respondent was in actual possession of the property at the time of passing the preliminary order under Section 145(1