1. Petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C.").

2. The order under challenge is passed by the learned III Additional Sessions Judge, Kollam in a criminal revision filed under Section 397 Cr.P.C.. An order passed by the Sub Divisional Magistrate, Kollam (in short, "the SDM") in a proceeding under Section 145 Cr.P.C. was challenged before the learned Additional Sessions Judge. He found that the order passed by the SDM is a composite order under Sections 145(1) and 146(1) Cr.P.C. and, therefore, it was not legally correct and sustainable. Besides, the order was not passed in compliance with the said provisions in the Cr.P.C. Hence, the order was set aside by the learned Additional Sessions Judge. Feeling aggrieved by the order in the criminal revision, the petitioners (members of A party before the SDM) are before this Court.

3. Facts in dispute lie in a narrow compass. The Assistant Commissioner of Police, Karunagappally reported to the SDM that a dispute, likely to induce breach of peace, existed between the members of A and B parties concerning administration of Madathilkarazhma SNDP Sakha No.188 and its properties, including temples, situated in Oachira Village. The Police requested for the intervention of the SDM under Section 145 Cr.PC. and to initiate steps to take possession and administration of SNDP Sakha and its properties, including the temples. On getting the report, the SDM passed the following order on 24.10.2011:

"Whereas it has been made to appear to me from the above read reference report submitted by Assistant Commissioner of Police Karunagappally that a dispute likely to induce a breach of peace existed between the above parties concerning the administration of Madathikarazhma SNDP 188 No. Sakha and temple properties situated within the local limits of my jurisdiction.

Whereas in this circumstances, there is every chance for the breach of peace in that locality and whereas upon due inquiry, I am unable to satisfy, myself as to which of the above parties were dispute the said SNDP sakha No. 188 and temple.

Hence I, ………, Sub Divisional Magistrate, Kollam hereby invoke my powers vested under section 145 and 146 of the code of Criminal procedure appoint and authorize Sri. R. Sadasivan, Deputy Tahsildar (H.Q.), Karunagappally to attach and to take over and to act as the receiver of SNDP Madathikarazhma temple and Sakha No.188 administration. The Assistant Commissioner of Police, Karunagappally shall render police protection to Deputy Tahsildar, Karunagappally for the execution of this order without obstructing the daily poojas and ritual ceremonies. It is further directed the Village Officer Oachira to assist the Deputy Tahsildar for the smooth and effective implementation of the above order. Also all the temple staff including the 'Thanthri', Melsanthi and Kazhakom will continue as such, until further orders."

On a reading of the above order, it can be seen that the SDM has invoked powers vested in him under Sections 145 and 146 Cr.P.C. to pass the order and to appoint a Receiver for administration of SNDP Sakha and the temples. Learned Additional Sessions Judge took note of the fact that though the property of Sakha was excluded from attachment as per order dated 31.10.2011, the Deputy Tahsildar/Receiver could not hand over the property to any of the parties because of the nature of dispute raised by the rival parties.

4. The members in A party before the SDM challenged the order in revision before the learned Additional Sessions Judge. The foremost contention raised by the revision petitioners is that the order passed by the SDM is a composite order under Sections 145 and 146 Cr.P.C. and the SDM has no jurisdiction to pass such an order. Further, it was contended that the SDM flouted the mandatory requirements in Sections 145 and 146 Cr.P.C. Per contra, petitioners herein (respondents before the Additional Sessions Court) justified the order contending that in