( 1 ) WHAT is the extent of jurisdiction of an Executive Magistrate u/s. 145 (1) of the Code of Criminal Procedure, 1973 (for short "the Code") is the short question, that is required to be answered, in this Special Criminal Application moved u/s. 482 of the Code and Article 227 of the Constitution of India.

( 2 ) FOR the purpose of dealing with the question in the context of the legal position, it would be appropriate in the first instance to setout the facts. The facts are so stated in two different stages out of which second stage would be relevant stage so far as the present application is concerned. First stage of the facts : Opponent no. 2s application before the opponent no. 3 - executive Magistrate. On March 30, 1992 the opponent no. 2 Mr. Amrutlal Ratanshi Patel moved an application u/s. 145 of the Code before the learned Executive Magistrate at Nakhtrana (Kutch) in respect of petrol pump styled as "r. K. Petroleum", located near village Manjal in the local jurisdiction of the learned Executive Magistrate, praying for immediate restoration of the possession of the said petrol pump from the present applicant - Raishi karsan Garva and for obtaining an approp