MODI, J.—This is a reference by a learned single Judge on this Court and relates to the interpretation of sec. 145 of the Code of Criminal procedure. The question referred to this Bench is in the following terms:—

"Whether the omission on the part of a Magistrate to pass a preliminary order under sec. 145 (1) Cr.P.C. stating the grounds of his being satisfied about the existence of dispute and the likelihood of the breach of peace is an illegality which would vitiate all the subsequent proceedings or is a mere irregularity curable under sec. 537 Cr.P.C.?"

2. The facts out of which the reference has arisen are these. On the 6th November, 1951, a report was presented on behalf of the police station Begu in the court of the Sub-Divisional Magistrate Begu that there was a serious dispute between Durjansingh and others, who are petitioners in this Court, and Moda and others who are opposite parties, relating to a well called Rawla and the agricultural land attached thereto situate in village Brijrajpura, and that there was an imminent danger of a breach of the peace, and it was prayed that action be taken under sec. 107 Cr.P.C. On the 15th November, 1951, the learned Magistrate directed n

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