Proceedings under Section 145 of Cr.P.C. require current evidence of a potential breach of peace, invalidating earlier conversions without such verification.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the order dated 11.10.2018 passed by learned Additional Sessions Judge-I, Koderma in Criminal Revision No.57 of 2018.

3. The brief fact of the case is that Criminal Revision No.57 of 2018 was filed before the learned Additional Sessions Judge-I, Koderma challenging the legality, correctness and propriety of the order dated 15.06.2018 passed by the SDM, Koderma in Case No.26 of 2018 whereby and whereunder the learned court below converted the proceeding under Section 144 of Cr.P.C. into Section 145 of Cr.P.C. The learned Additional Sessions Judge-I, Koderma to whom apparently the Criminal Revision No.57 of 2018 was transferred by the Sessions Judge, Koderma, in internal page-5 running page-40 of the said judgement dated 11.10.2018 has mentioned that admittedly the order impugned before it i.e. the order of SDM, Koderma was passed without any police report or any other report regarding breach of peace over the disputed land with regard to actual possession of the disputed land, hence he quashed and set aside the order passed by the SDM, Koderma.

4. Learned counsel for the petitioners submit that this observation is an error apparent on the face of the record as there is police report, the copy of which has been kept at Annexure-3 at page-30 and 31 of the brief dated 14.04.2018 basing upon which the proceeding under Section 144 of Cr.P.C. was initiated and later on the same was converted to the proceeding under Section 145 of Cr.P.C.. Hence, it is submitted that the impugned order passed by the learned Additional Sessions Judge-I, Koderma is not sustainable in law, therefore, the prayer as prayed for in this Cr.M.P., be allowed.

5. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that the sine qua non for initiating the proceeding under Section 145 of Cr.P.C.; either a fresh proceeding or a proceeding by way of conversion of a proceeding under Section 144 of Cr.P.C. to 145 Cr.P.C. is that there must exist a dispute likely to cause breach of peace. It is next submitted that true it is that there is a police report dated 14.04.2018 where it has been mentioned that there is likelihood of breach of peace basing upon which the proceeding under Section 144 of Cr.P.C. was initiated. But there is no police report or any other material in the record to suggest that the SDM, Koderma to be satisfied that there existed a dispute likely to cause breach of peace and in the absence of same at the time of conversion of the proceeding under Section 144 of Cr.P.C. to the proceeding under Section 145 of Cr.P.C.. Thus it is submitted that no illegality has been committed by the learned Additional Sessions Judge-I, Koderma in setting aside the order passed by the SDM, Koderma, impugned before it and as the learned Additional Sessions Judge-I, Koderma has additionally mentioned that without recording reason and ground of satisfaction, as is required to initiate a proceeding under Section 145 of Cr.P.C., as the SDM, Koderma has without scrupulously following the mandate of Section 145 of Cr.P.C. has allowed the initiation of proceeding under Section 145 (1) of Cr.P.C. by way of conversion of the earlier proceeding under Section 144 of Cr.P.C., hence, it is submitted that no illegality has been committed by the learned Additional Sessions Judge-I, Koderma. Therefore, this Cr.M.P., being without any merit, be dismiss