JUDGMENT - M.S. JAMDAR, J.:---This petition raises following two questions in respect of the procedure which a Magistrate is expected to follow before passing an order under section 145(1) Cri.P.C. :

(i) whether a Magistrate is competent to hear both the parties before passing a preliminary order under section 145(1) Cri.P.C. for the purpose of arriving at the satisfaction that a dispute likely to result into a breach of the peace exists; and

(ii) whether hearing the parties before passing an order under section 145(1) Cri.P.C. renders illegal and invalid the subsequent proceedings and the final order?

2. The dispute in the matter relates to Gala No. 5, Shaikh Sahajani Industrial Estate, Sonawala Cross Road, Goregaon, Bombay. The Inspector, Goregaon Police Station made a report to the Additional Chief Metropolitan Magistrate on 23-5-1985 about the existence of a dispute contemplated by section 145(1) Cri.P.C. The learned Additional Chief Metropolitan Magistrate did not make preliminary order on the basis of the report, but instead issued notice to the petitioner and respondent Nos. 1 and 2, calling upon them to show cause why order under section 145(1) Cri.P.C. sh

Click Here to Read the rest of this document