A preliminary order under Section 145(1) Cr. P. C. must contain both the essential elements, namely, a statement of the Magistrate's satisfaction that a dispute likely to cause a breach of the peace exists and a requirement for the parties concerned to attend court and put in written statements of their respective claims.

ANANTANARAYANA AYYAR, J.

( 1 ) THIS is a reference by the learned Chief City Magistrate-cum-Additional Sessions Judge, Hyderabad recommending that orders of the learned Munsif Magistrate, Hyderabad West, dated 17-10-1963 be set aside and that the Munsif Magistrate be directed to proceed with the enquiry pending before him in M. C. No. 24 of 1963 after issuing preliminary order as contemplated under Section 145 (1) Or. P. C.

( 2 ) THE relevant facts are as follows: Amar Jabari and another (hereafter referred to as party No 1) filed a petition disclosing material contemplated under Section 145 Cr. P. C. before the competent Executive Magistrate (hereafter referred to for convenience as the Revenue Divisional Officer ). He called for report from the Police and passed an order dated 11-10-1958 for attachment. Subsequently, parties produced material before him and he passed a final order on 11-12-1958 declaring the first party to be in possession of certain properties the second party who were respondents in the petition under Section 145 Cr. P. C. to be in possession of certain other properties and some third parties, who were not parties to the petition, to he in possession of some properties. He ordered delivery of the properties and accordingly, delivery was effected on 18-12-1958. The first party felt aggrieved with this order and filed Crl. R. P. No. 29 of 1959 before the learned Additional Sessions Judge, Hyderabad. The latter made a reference to this Court saying that the final order of the Revenue Divisional Officer had to be set aside because of various defect; one of them was that there was no preliminary order passed as contemplated under Section 145 Cr. P. C. This Court accepted the reference in Crl. R. C. No. 2s7 of 1959 and passed order dated 13. 12-1960 as follows:"the order passed by the First Class Magistrate Western Division, Hyderabad, in proceedings before him under Section 145 Cr, P. C. has been questioned on the ground that there was no preliminary order as contemplated under Section 145 Cr. P. C. and that consequently no statements were filed by the parties. . . . . . As the order of the First Class Magistrate suffers horn these defects, in my view, it is not sustainable. The reference is accepted. The order of the First Class Magistrate is set aside. The First Class Magistrate will take the case on file and dispose of it according to law. "subsequently, the Revenue Divisional Officer and First Class Magistrate (Executive) Hyderabad West, Shri T. Narayana Reddy passed an order dated 4-11-61 as follows;. . . . . . . . the Honble High Court set aside the order of the First Class Magistrate on the ground that the (no) preliminary order was passed as contemplated under Section 145 Cr. P. C. and that no enquiry was made about which party was in possession. . Under G. O. No. 3106. Public (Separation) Department dated 9/09/1949 cases under Section 145 Cr. P. C. were allocated under the head concurrent jurisdiction of both Executive and Judicial Magistrates. In para 18 of the same G. O. it was clarified that where an enquiry becomes necessary the case will be transferred by the Magistrate to the appropriate Sub Divisional Magistrate. . . . . In this case the parties are contesting about the actual possession and an enquiry is necessary. Enquiry in such cases will therefore be conducted be the Judicial Magistrate. It is tint correct to hear the case in this Court. . . . The case may be transferred to the District Magistrate, Hyderabad for onward transmission of this case to the M. M. Court, West Hyderabad for disposal. " The word the and not the word no is found in the original order itself. Obviously, the word the is a mistake for the word no which must have been meant and which has been put by me within brackets. Unfortunately, though the learned Revenue Divisional Officer and first class Magistrate (Executive) Hyderabad West clearly understood the order of this Court is having set aside the order of the First Clas

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