Rekha Kumari, J.

1. This application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 11.8.2006 passed by the learned Sub-divisional Magistrate, Narkatiaganj in case No. 312(M) of 2006 whereby he has attached the disputed land and appointed the Anchal Adhikari, Narkatiaganj as receiver under the provisions of Sec. 146(1) of the Code of Criminal Procedure (hereinafter referred to as the Code).

2. Learned counsel for the petitioner submitted that the land in question is in possession of the petitioner and there is no breach of peace regarding the land and so, there was no ground to initiate a proceeding under Sec. 145 of the Code. He further submitted that the impugned order does not show that there was any emergency and, therefore, the learned Magistrate was not at all justified in passing the impugned order.

3. Learned counsel for opposite party Nos. 2 and 3 supported the order.

4. According to Sec. 146(1) of the Code the Magistrate in a proceeding under Sec. 145 of the Code can attach the disputed property in any of the conditions viz. (i) when he considers the case to be of emergency and (ii) when after enquiry he is unable to d