ORDER

1. The notice under Section 145(1) of the Code of Criminal Procedure 1973[1] issued by the Sub-Divisional Magistrate, South Division, Chennai dated 11 July 2022 relied upon an FIR in Crime No 190 of 2022 registered at E2 Royapettah Police Station for offences punishable under Sections 147, 148, 341, 324, 326 and 353 of the Indian Penal Code 1860 read with Section 3 of the Tamil Nadu Property (Prevention of Damage and Loss) Act 1992. The notice states that:

'It is seen from the contents of the FIR that it is a dispute between two factions of a political party with regard to possession of the building in question'.

[1] 'CrPC'

2. The FIR at Annexure P-4 ex facie indicates that there was no allegation indicating the existence of a dispute in relation to the building in question.

3. Section 145(1) of CrPC postulates the satisfaction of the Executive Magistrate from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists, inter alia, 'concerning any land or water or the boundaries thereof, within his local jurisdiction'. The expression 'land' is defined to include buildings in Section 145(2). In the present case, the sole basi