The exercise of power under Section 145 cannot be arbitrary, and the provisions of Section 145 cannot be invoked unless the conditions precedent prescribed therein are available.

I.A. Ansari, J.

1. This is an application made under Section 482 Cr.P.C. against the order, dated 08.08.2007, passed by the learned Additional Sessions Judge (FTC) No. 1, Sankardev Nagar, Hojai, in Criminal Revision No. 11(N)/2007, dismissing the revision and upholding the order, dated 22.12.2006, passed in MR Case No. 105/2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, declaring possession of the disputed land in favour of the first party-opposite party herein.

2. Heard Mr. R.L. Yadav, learned Counsel for the petitioner, and Mr. N.K. Baruah, learned Counsel for the opposite party.

3. On the basis of a petition filed by the opposite party herein and the police report, an order was passed, on 15.07.2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, drawing proceeding under Section 144 Cr.P.C. and prohibiting entry of not only the first party, but also of the present petitioner (who had been impleaded as second party) into the disputed land until further order excluding, however, the dwelling house, etc., standing thereon. The police report described the dispute, in question, thus: Both the parties are members of the same family. When the first party made necessary arrangement for construction of a latrine, on the disputed land claiming to be in exclusive possession thereof, the second party raised objections thereto by claiming that the disputed land belongs to the second party and demolished the temporary latrine, which the first party had constructed on the disputed land. The dispute, so arisen between the two parties, has given rise to apprehension of loss of lives. MR Case No. 105/2000, aforementioned, accordingly came to be registered.

4. By order, dated 12.09.2000, the said proceeding under Section 144 Cr.P.C. was converted into a proceeding under Section 145 Cr.P.C. and an order was passed directing attachment of the disputed land. Both the parties to the said proceeding filed written statements claiming exclusive ownership and possession of the said land. In support of their respective cases, both the parties adduced evidence. The learned Magistrate, then, passed an order, on 01.03.2004, declaring possession of the land in favour of the first party. Aggrieved by declaration of possession so given, the second party filed a revision and the revision was dismissed by order, dated 08.08.2007, as indicated above. As the revision has been dismissed, the second party is, now, before this Court with the help of the present petition filed under Section 482 Cr.P.C.

5. What, now, needs to be noted is that there is no provision for conversion of a proceeding from one under Section 144 Cr.P.C. to 145 Cr.P.C. When a proceeding under Section 144 Cr.P.C. is converted into a proceeding under Section 145 Cr.P.C., what a Magistrate does, by making an order of conversion, is that he, basically, draws a proceeding under Section 145 Cr.P.C. Thus, such an order of conversion is nothing, but making of a preliminary order under Section 145.

6. Before I enter into the merit of this revision, it is imperative that the scheme of Section 145 read with Section 146 is borne in mind. Section 145 appears under Chapter X of the Code, which reads, "Maintenance of Public Order and Tranquility". This Chapter is divided into separate groups. Section145 and 146 fall under Group-D. Though the heading of the Chapter, in any legislation, is not the sole criterion for determination of the scope of the provisions, which may be embodied in such a Chapter, the fact remains that the heading of the Chapter, in a piece of legislation, does reflect the legislative intent. A careful analysis of the various provisions, contained in Chapter X, would show that essentially, this Chapter deals with maintenance of public order and tranquility. In other words, a private dispute or a dispute, which has no bearing on public order and tranquility, cannot be regarded as a dispute amenable to the provisions of Section 145 Cr.P.C. and such a disp