It is difficult to obtain an order of injunction in a civil suit because the party is bound to satisfy the court that there is a prima facie case, the balance of convenience tilts in his favour and also to satisfy the court that if injunction is refused the applicant shall suffer irreparable injury. So many hurdles are to be crossed before obtaining an order of injunction. An cider of injunction or prohibitory order takes away certain ri­ghts of the party injected. It is indeed difficult to obtain an injunction, but just throw a petition and assert that there is apprehension of breach of peace in respect of the possession of an immovable property, claim for drawing up a proceeding asserting right to possess the property, a proceeding is readily dr­awn up u/s. 145, Criminal Procedure Code. The proceeding is initiated no matter whether it is a private dispute between the parties or it is a dispute which necessitates drawal of the pro­ceeding for the maintenance of public order and tranquility.

2. The distinction between the concept of public order, law and order or public tranquilly is to be found in the picturesque description drawn by Hidayatullab, J; in Ram Manohar Lohia vs. State of Bihar, AIR 1966 SC 740. The distinction between the security of State, public order and law and order, i.e., public tranquility, has been defined by drawing three concentric circles. 'Public order' comprehends disorders of less gravity than those affecting 'security of State'. "Law and order” comprehends disorder of less gravity than those affecting 'public order'. One is to close his eyes and take three concentric circles. Law and order represents the largest circle within which is the next cir­cle representing public order and the smallest circle represents security of State. It is then easy to visualise that an act may affect law and order or public tranquility but not public order just as an act may affect public order but not security of the state. Public order means the even tempo of life of the community even in a specified locality. Disturbance of public order is to be distinguished from acts directed against individuals which do not disturb the society to the extent of vibrating a general disturbance of public tranquility. If a party illegally and for­cibly occupies the land of another, people may be shocked and even mentally disturbed but the life of the community may keep on moving keeping peace with the even tempo of life of the com­munity. If by the act of dispossession even tempo of life of the co­mmunity is disturbed or jeopardised, it may be a case of disturbance of public order and tranquility. The acts of private parties with affect personal rights and obligations only but do not disturb the even tempo of the society are merely private feuds for which action may not be necessary to be taken under Chapter-X of the Code of Criminal Procedure. Section 145 of 'the Code1 clearly states that to assume jurisdiction the Magistrate must be satisfied that the dispute is likely to cause "a breach of peace''. It is not a breach of mental peace of the parties but apprehended breach of peace in the locality. Ordinarily, a person dispossessed of property must sue for recovery of specific immovable property u/ss. 5 and 6 of the Specific Relief Act and if there is threat to dispossess him he should institute a suit to obtain injunction. These are forum for establishing the right of the litigants. A proceeding under section 145 Cr. P. C. is, therefore, an extra­ordinary provision to grant extra-ordinary relief when there likelihood of breach of peace in the locality. The final order of magistrate is subject to the decision of the civil court. It is, therefore, seen that private dispute between two persons which does not disturb law and order or occasion a breach of the peace in the locality the forum for getting relief is the civil court of competent jurisdiction. Now, what 1 find all around is that just on some pretext or pretence flood of procee

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