The main legal point established in the judgment is the requirement for caution and responsibility in exercising emergency powers under Section 146(1) of Cr.PC, the need to satisfy the existence of an emergency before passing an order of attachment, and the preservation of the extraordinary jurisdiction of the High Court under Article 227 of the Constitution and the inherent power under Section 482 of Cr.PC.

T. Vaiphei, J.

1. This is an application under Article 227 of the Constitution of India read with Section 482 of Cr.PC for quashing the order dated 26.3.2003 passed by the learned Sessions Judge, North Tripura, Kailashahar in Crl. Revision No. 3(1) of 2003 affirming the order dated 14.2.2003 passed by the learned Sub-Divisional Magistrate, Kailashahar, North Tripura, in Misc. Case No. 3/2003 under Section145 of Cr.PC.

2. The facts as unfolded from the pleadings of the parties may be briefly stated as follows:-

The petitioner claims that he purchased the homestead land measuring 0'53 acres pertaining to Khatian No. 185, C.S. Plot No. 434 (Old) corresponding to new C.S. Plot No. 453, situated within Mouja- Bhagabannagar, Tehasil -. Kailashahar, North Tripura (hereinafter called 'the D/L' for short) from one Sri Paresh Ranjan Roy by a registered Sale Deed No. 1-1151 executed on 2.7.2001. The petitioner also claims that the said Sri Paresh Ranjan Roy had purchased the D/L from one Subhash Ch. Dhar by a registered Kabala No. 247/1956 on 20.8.1956. It is further claimed by the petitioner that the said Subhash Ch. Dhar purchased the D/L from Riyaj Ullah and Tahir Miah of Bhagabannagar Kailashahar vide registered Kabala No. 247/1956, executed on 20.8.1956. The petitioner states that by virtue of the said purchase he has exclusive right, titles and interest to as well as possession of the D/ L and that at the time of his purchase the D/L was null in character. It is the further case of the petitioner that after purchasing the D/L, he developed the same by making it homestead and started construction thereon. He further states that he had already constructed three rooms building having double storied foundation on the D/L and the said construction is in the mid way. In the course of construction, he has incurred an expenditure of Rs. 1,00.000 so far. The petitioner also states that the respondent herein along with her two sons instituted a civil suit being Title Suit No. 21/2 001 before the learned Civil Judge (Junior Division), Kailashahar, North Tripura against him for declaration of title and other reliefs in respect of the same D/L, which is still pending. It is the case of the petitioner that the respondent and her son Junab Ali and one Mushahid All had tried to dispossess the petitioner of the said land in the month of November, 2002, which prompted him to initiate a proceeding under Section 144 of Cr.PC before the learned Sub-Divisional Magistrate. Kailashahar, North Tripura (hereinafter called 'Ld.SDM' for short). The Ld.SDM by the order dated 19.11.2002 in case No. 6(M)/2002 issued under Section 144(1) Cr.PC restrained the said Junab Ali and Quatab Ali from entering into the D/L and also fixed 27.11.2002 for filing of objection, if any, by the said Junab Ali and Qutab Ali.

The further case of the petitioner is that the respondent herein lodged a written complaint against him in respect of the D/L before the Ld.SDM alleging that the petitioner along with others have been trying to dispossess her of the D/L thereby apprehending breach of peace between the parties and claiming that unless the petitioner and his party were restrained, there would be serious breach of peace on the D/L. On the basis of this complaint, the Ld.SDM drew up a proceeding under Section 145 of Cr.PC against the petitioner bearing Case No. Misc. 3/2003 and directed both the parties to appear before him and to submit written statement, evidences etc. in support of their respective claim as respects the fact of actual possession of the subject of dispute. The Ld.SDM also in the same order came to the conclusion that the case was one of emergency and unless both the parties are restrained from entering into the land till the conclusion of the proceeding since peace and tranquillity might be affected in that locality. Accordingly, he passed an order under Section 146(1) of Cr.PC restraining both the parties from entering into the disputed land till conclusio