On the basis of an application filed by the opposite party to the present Rule and the police report in respect of the same, the learned Sub-divisional Magistrate, Diamond Harbour passed an order drawing up a proceeding under S. 145 of the Code of Criminal Procedure thereinafter referred to as the Code). attached the land in question and appointed a Receiver in respect thereof. Against the said order, the petitioners, who figured as opposite parties in the proceeding, moved this Court in revision but did not pursue the matter on being advised to file an application under S. 145(5) of the Code. Accordingly, the petitioners filed an application before the learned Magistrate for cancellation of the proceeding on the ground, inter alia, that no dispute existed concerning the land. By his order dated March 10, 1979 the learned Magistrate rejected the aforesaid application and decided to continue with the proceeding. Hence this Rule.

2. It was argued by the learned Advocate appearing for the petitioners that the two prerequisites for initiating a proceeding under S. 145 of the Code were :(i) the satisfaction of the Magistrate that a dispute likely to cause a breach of the peace ex