A Magistrate's order under Section 145(4) of the Code of Criminal Procedure attaching the subject-matter of a dispute must be backed by reasoning and must indicate that there was a case of emergency.

M.P. Verma J.

This petition in revision has been directed against an order of Shri N. K. Singh, Sub-divisional. Magistrate, Dinapore, dated the 11th February, 1970, passed in Case No. 112M of 1970. By this order the learned Magistrate drew up a proceeding under Section 145 of the Code of Criminal Procedure and attached the subject-matter in dispute. This order is being challenged before this Court on the ground that there were no materials before the learned Magistrate to start the proceeding under Section 145 or to attach the properties in question.

2. Sub-section (1) of Section 145 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), lays down that, whenever a District Magistrate, Sub• divisional Magistrate or Magistrate of the First Class is satisfied from a police-report or other information that a dispute likely to cause a breach of the peace exists concerning any land etc., he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person 'or by pleader ...It bas been decided in a number of cases that two grounds must exist before the Magistrate can assume jurisdiction to start a proceeding under Section 145 of the Code. It is well known that any right concerning immovable property is within the jurisdiction of a Civil Court; but the Magistrate gets jurisdiction over that property as regards its possession only when there is an apprehension of a bleach of the peace, otherwise he has got no jurisdiction. So, there must be a bona fide land dispute and, secondly, an apprehension of a breach of the peace because of that dispute. If these two grounds are stated in the order and the Magistrate feels satisfied about them, then he can start a proceeding under Section 145 of the Code. I may here refer to two decisions of the Supreme Court, (1) Bhinka V. Charan Singh (AIR 1959 Supreme Court 960) and (2) R. H. Bhutani V. Miss Mani J. Desai (A.I.R. 1968 Supreme Court 1444). It was observed in the case of R. H. Bhutani that the sufficiency or otherwise of the satisfaction of the Magistrate about the existence of those two condition should not be agitated in the revisional Court, because that is a matter of the subjective satisfaction of the Magistrate. In the present case the impugned order says that "From perusal of the petition it appears that there is apprehension of breach of place over plots mentioned in the petition." Further on it is said that there is "a chronic land dispute and proceeding under Section 144 Criminal Procedure Code will not serve the purpose", and "there is threat to breach of peace over the lands mentioned in the petition" and so a proceeding under Section 145 of the Code should be drawn up. In my opinion, the first contention of the learned counsel for the petitioners cannot be accepted. The Magistrate has, in specific words, Expressed the grounds upon which he wanted to take action, and farther stated that there was an apprehension of a breach of the peace because of the chronic dispute for possession over the lands in question. In my opinion, this part of the order cannot be assailed. 3. As regards the question of attachment, the impugned order simply says -Draw proceeding under Section 145 Cr. P. C. restraining members of both the parties from going over the lands in dispute. Disputed lands are attached under Section 145(3) Cr.P.C. ''[Perhaps "145(3)" is a mistake for “145(4)"]. The heading of Subsection (4) of Section 145 is "Inquiry as to possession", and the last proviso to Section 145(4) lays down :

"Provided also that, if the Magistrate considers the case one of emergency, he may at any time attach the subject of dispute, pending his decision under this lection"

So, obviously, there must be a case of emergency and the Magistrate should express in his order that three was a case of emergency, otherwise his order will not be backed" by any reasoning. Learned counsel appearing for