Nagendra Prasad Singh, J.

This is an application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'new Code'), for quashing an order, dated the 2nd January, 1975, passed by the Sub-divisional officer, Sadar, Ranchi converting a proceeding under section 144 into a proceeding under section 145 of the new Code and attaching the lands in dispute in purported exercise of powers conferred on him under section 146 of the Code. The learned Magistrate has further directed the parties to file written statements and documents, if any, and has transferred the case to the file of another Magistrate. The petitioners are members of the second party to the said proceeding.

2. According to the petitioners, on the 31st October, 1974, the opposite party Shrimati Prem Sundari filed an application before the learned Sub-divisional Officer for taking action under section 144 of the new Code against the petitioners. In the said petition, she set out her case in detail regarding her claim of possession to the lands in dispute. According to the opposite party, the aforesaid plots of land belonged to her father, Santosh Ram Tiwari, and, after his death, she came in possession of the same. The learned Sub-divisional Officer called for a report from the local police. The police submitted a report recommending action under sections 144 and 145 of the Code against both the parties. The learned Sub-divisional Officer, being satisfied about the existence of an apprehension of a breach of the peace, drew up a proceeding under section 144 of the new Code on the 8th November, 1974.

3. Cause was shown on behalf of both the parties and they were heard in support of their respective claims of possession over the lands in dispute, and, by the impugned order, dated the 2nd January, 1975, the learned Magistrate has converted the proceeding under section 144 into one under section 145 of the new Code and has attached the subject of dispute in purported exercise of powers under section 146 of the new Code.

4. This case was initially placed for hearing before a learned Single Judge of this Court, who has referred it to a Division Bench. The main point for consideration in this case is, whether the order under section 146 of the new Code could be passed along with the order under section 145, and, after having passed the order under section 146, whether the Magistrate could direct the parties to file written statements and documents for deciding the question of possession under section 145. The other question which is germane to the decision of this case is as to whether in such cases the whole order is to be quashed or only that part of the order by which the Magistrate concerned purports to attach the lands in dispute.

5. Sections 145 and 146 of the Code of Criminal Procedure have a chequered career and from time to time amendments have been made in order to expedite decision by the Criminal Court as to which of the claimants was in possession of the subject of dispute at the relevant date, in order to avoid breach of the peace. Prior to the amendment of the Code of Criminal Procedure in 1955 (Act XXVI of 1955), a Magistrate, on being satisfied about the existence of an apprehension of a breach of the peace concerning possession over land, had to initiate a proceeding under section 145 and to decide the same on the basis of documents and oral evidence adduced by the parties. Under the proviso to sub-section (4) of section 145, at any time before the final disposal of the proceeding, the Magistrate had power to attach the subject of dispute, if he considered the case to be one of emergency. Under section 146, as it stood then, if the Magistrate decided that none of the parties was then in possession, or he was unable to satisfy himself as to which of them was in such possession of the subject of dispute, he had to attach the subject of dispute until a competent Court determined the rights of the parties thereto. Thus, there wa