The grounds for satisfaction regarding the likelihood of breach of peace must be stated in the preliminary order passed under Section 145(1) of the Criminal Procedure Code, 1973.

ORDER :- The petitioners have filed this petition for quashing the proceedings in M. C. No. 117 of 1967 on the file of the Sub-Divisional Magistrate (J) Sankari for the reasons mentioned in the affidavit filed by one of the petitioners. The facts which arise on this application are these :

2. The respondent moved the Court of the Sub-Divisional Magistrate. Ex Officio, Sankari, by a petition dated 30-8-1966 under Section 145, Criminal P. C. claiming that certain properties described in the petition belonged to him, that he was in possession of the lands and that the petitioners herein encroached upon his possession.

3. In pursuance of the said petition, the learned Magistrate called for a report from the police and the Sub-Inspector of Police, Sankari, submitted a report on 7-10-1966.

4. The learned First Class Magistrate, Sankari, passed a preliminary order under Section 145 (1), Criminal P. C. and issued notice to both the petitioners and the respondent on 10-4-1967, six months after the report was placed before the Court by the police regarding the likelihood of breach of the peace.

5. Thereupon, the petitioners filed a petition before the Sub-Divisional Magistrate, Sankari (to whose Court the matter has been transferred) in M. P. 414 of 1967, praying that the proceedings may be dropped in view of the fact that the learned Magistrate who issued a preliminary order under Section 145 (1) Criminal P. C. had not stated that he was satisfied regarding the likelihood of breach of the peace. The learned Sub-Divisional Magistrate dismissed the application filed by the petitioners and issued a fresh preliminary order on 12-9-1967 calling upon both the parties to put in written statement of their respective claims. It is against this order, this petition has been filed.

6. It is contended by the learned counsel for the petitioners that the second preliminary order passed by the Sub-Divisional Magistrate, Sankari, is vitiated as he has not stated the grounds for his satisfaction as required under Section 145 (1), Cri. P. C. and that the said provision is mandatory and further contended that the preliminary order passed by the Sub-Divisional Magistrate on 12-9-1967, on the report submitted by the police to the Ex Officio First Class Magistrate, Sankari was nearly about one year before the order was passed and that it cannot be said from the order that the learned Magistrate was satisfied that breach of the peace existed on the date of passing of the preliminary order.

7. To appreciate both the points raised by the learned counsel, it may be necessary to refer to Section 145 (1), Criminal P. C. which is as follows :-

"Whenever a District Magistrate, Sub-Divisional Magistrate or Magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his 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, within a time to be fixed by such Magistrate, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute and further requiring them to put in such documents or to adduce, by putting in affidavits, the evidence of such persons, as they rely upon in support of such claims."

8. It is, therefore, necessary under Section 145 (1), Criminal P. C., that the Magistrate having jurisdiction shall make an order in writing that he is satisfied either from a police report or other information that a dispute likely to cause a breach of the peace exists and state the grounds of his satisfaction before requiring the parties concerned in such dispute to attend his Court and put in written statements. This provision of making the order in writing and stating the grounds of his satisfaction appea