ORDER :

Shree Chandrashekhar, J.

The petitioners are aggrieved of the order dated 02.09.2016 passed in Criminal Revision No.88 of 2015.

2. The petitioners were the opposite parties in the proceedings under section 144 of the Code of Criminal Procedure (in short, CrPC) which was registered as Case No.102 of 2015.

3. By an order dated 13.05.2015 the learned Sub-Divisional Magistrate, Bagodar-Sariya (Giridih) has held that the stand taken by the opposite parties that the land in dispute belongs to their maternal ancestors has got substance. The learned Magistrate has also held that the documents filed by the opposite parties such as kewala and rent-receipt further substantiate their claim.

4. The petitioner challenged the order dated 13.05.2015 in Criminal Revision No.88 of 2015 which was allowed vide order dated 02.09.2016.

5. The learned revisional Court has held as under :

“5. In the instant case both the parties are claiming the land in proceeding and on perusal of impugned order dated 13/05/15, it appears that learned SDM has accepted the claim of second party and rejected the claim of first party. Since dispute between the parties relates to immovable property and to decide factum of possession, it was essential on part of the learned SDM to convert the proceeding u/s 145 CrPC but without converting the proceeding u/s 145 CrPC, learned SDM has passed order and accepted the claim of possession of second party in a proceeding u/s 144 CrPC which is illegal as he exceeded his jurisdiction. Accordingly, I find order dated 13/05/15 passed by learned SDM Bagodar in Case No.102/15 suffers from serious illegality, which cannot sustain in law and the same is hereby set aside. In the result the instant criminal revision is allowed.”

6. Section 144 CrPC gives powers to the Magistrate to issue order in urgent cases of nuisance or apprehended danger. Mr. Ram Lakhan Yadav, the learned counsel for the petitioners submits that the life of an order passed under section 144 CrPC is only for two months except as provided under proviso to sub-section 4 to section 144 and therefore the revisional Court was not right in interfering with the order dated 13.05.2015.

7. Chapter-X of CrPC deals with maintenance of public order and tranquility. Chapter-X is divided under four different sub-heads. Urgent cases of nuisance or apprehended danger are categorized under sub-head 'C' and disputes as to immovable property are dealt with under sub-head 'D'. Section 145 CrPC falls in a category different from the urgent cases of nuisance or apprehended danger – it falls under sub-head 'D'.

8. Section 145 CrPC reads as under:

“145. Procedure where dispute concerning land or water is likely to cause breach of peace.

(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section, the expression" land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute,

(4) The Magistrate shall then, without, reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such eviden