1. This application is directed against an order dated 1st of May 1975 by which the Sub-divisional Magistrate, Patna Sadar, attached the lands in dispute under Sec.146 of the Code of Criminal Procedure. From the order it appears that he was requested to, make a local inspection but he thought that there was no necessity of it and, after hearing arguments of learned. Advocates for both the parties, he passed the, order, as he thought that breach of the peace may take place on the disputed lands any time.

2. Sec.146 (1) of the Code of Criminal Procedure lays down that the Magistrate at any time after making the order under sub-section (1) of sec. 145, if he considers (1) the case to be one of emergency, or (2) if he decides that none of the parties was then in such possession as is referred to in Sec.145, or (3) if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, be may attach the same until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof Admittedly the case is not covered by the second and the third clauses. The only question is whether it