ORDER

The present petition under Section 482 CrPC has been filed by the petitioner impugning the order dated 11.04.2016 passed by Ld. Sub-Divisional Magistrate (West), Muzaffarpur in Case No. M 251/2016 whereby Ld. Magistrate has converted the proceeding initiated under Section 144 CrPC into one under Section 145 CrPC in regard to landed property bearing Khata No. 258, Khesra No. 3259 measuring total 8 decimal.

2. As per the impugned order, half of the said land in question is in the name of mother of Md. Naushad Alam who is OP No.2 herein and half of the said land comes in the share of Akbar Ali who is petitioner herein. He (the petitioner herein) intends to do construction work over the land resulting into tension between both the parties. As per the impugned order, Ld. Magistrate has held that on account of dispute between the parties in regard to possession of the land in question, there is possibility of breach of peace. Hence, the proceeding under Section 144 CrPC was converted by Ld. Magistrate into one under Section 145 CrPC and invited both the parties to adduce evidence in support of their rival claims.

3. Heard Ld. Counsel for the petitioners and Ld. APP for the State. No body appears no behalf of O.P. No.2 despite valid service of notice upon him.

4. Ld. Counsel for the petitioners submits that impugned order dated 11.04.2016 is not sustainable claiming that as per facts and circumstance, there is no apprehension of breach of peace with respect to the land in dispute between the parties. At most the dispute between the parties is private in nature and no public at large are involved. As such, there was no occasion for Ld. Magistrate to invoke the extraordinary jurisdiction provided under Section 145 Cr.PC. It is a classic case for the Civil Court to adjudicate the dispute between the parties. Even mother of OP No. 2 (Eidan Khatoon) has already approached the Civil Court by way of Partition Suit No. 447/2022 filed in the court of Sub-Judge 1st, West, Muzaffarpur and the parties herein have occasion to move any application for any interim relief. Ld. Magistrate has, as such, abused the process of the court by invoking jurisdiction under Section 145 CrPC and hence, it is liable to be quashed. Ld. Counsel for the petitioners also refers to and relies upon Yugal Kishore Choudhary vs. State of Bihar as decided by this Court and as reported in 2023(6) BLJ 360.

5. However, Ld. APP for the State defends the order of the Magistrate submitting that there is no infirmity or illegality in the impugned order.

6. This Court in Yugal Kishore Choudhary (supra) has elaborately discussed the scope and extent of jurisdiction under Section 145 CrPC. In this case, this Court has held as follows: –

“9. Section 145 Cr. P.C. is the part of Chapter X of the Code of Criminal Procedure, 1973 dealing with maintenance of public order and tranquility. Section 145 Cr. P.C. is the part of Sub Chapter D dealing with disputes as to immovable property. Besides Section 145 Cr. P.C., Section 146, 147 and 148 Cr. P.C. are also part of Sub Chapter D of Chapter X of Cr. P.C. It is found that disputes over the land and water often results in breach of the peace, violence and bloodshed, the Executive Magistrates have been empowered under Section 145-148 to intervene at an incipient stage of such a dispute and to compel the disputants to have recourse to legal remedies. If, upon a report of a police officer or upon other information, an Executive Magistrate is satisfied that a dispute concerning any land or water or the boundaries thereof exists within his jurisdiction, and that such dispute is likely to cause a breach of the peace, he shall make an order in writing requiring the parties concerned in such dispute to attend to his court on a specified date and time, and to put in written statements of their claims regarding the fact of actual possession of the subject of dispute. While making such order, the Magistrate shall state the grounds for his satisfaction r