The main legal point established in the judgment is the mandatory nature of making an order in writing under Section 145(1) Cr.P.C and the requirement for a preliminary order clearly stating the reasons and grounds of satisfaction.

1. The revision petitioners herein are the B-parties and the respondents 3 to 9 are the A-parties in M.C.No.18 of 2010, before the Revenue Divisional Officer-cum- Sub Divisional Magistrate, Thiruchengode. The Inspector of Police, Jaderpalayam, Thiruchengode Taluk submitted a report before the Executive Magistrate regarding the dispute between the A-parties and B-parties with regard to the existence of the situation likely to cause a breach of peace due to the dispute regarding possession of the properties.

2. The learned Executive Magistrate also sent notice to both parties directing them to appear before him on 01.03.2010. On 01.03.2010 both the parties have appeared and written submissions were filed only by A-party and they were again directed to appear on 15.03.2010. On 15.03.2010, the Executive Magistrate passed an order prohibiting both parties from using the properties and directing both parties to maintain status quo.

3. Aggrieved by the order passed by the learned Executive Magistrate on 15.03.2010, B-party has preferred this criminal revision before this Court.

4. Mr.T.Murugamanikkam, learned counsel appearing for the petitioners/B-party submitted that the learned Executive Magistrate has passed an order preventing the B-party from entering into the property and without any enquiry, he had erred in passing an order of status quo like a civil court. The learned counsel further submitted that though the Executive Magistrate earlier issued notice to the B-party, that notice itself was not a valid one and it is not according to the requirements under Section 145(1) Cr.P.C and further before passing the final order, the learned Executive Magistrate has no power to pass an interim order of status quo and thereby causing disturbance to the possession of the B-party. Learned counsel further submitted that A-party purchased un-divided 5/12 and 10/24 shares from one branch of the petitioners family by sale deed dated 23.10.2009 and he also filed a suit for partition. But the civil Court has not passed any interim order. Therefore, A-party has no right to claim for possession till the partition suit is allowed.

5. The learned counsel for the petitioner relied on the decision of this Honourable Court reported in 1992 LW (Cri.) 579 ( G.Sethurman and two others vs. Miss.Meenakshi Ammal and two others) and 2004 (1) LW 287 (Bhaskara Narayanan vs. So.Murugesan).

6. Mr.N.Umapathy, learned counsel appearing for the respondents 3 to 9 submitted that only after the Executive Magistrate issuing notice to both parties, they have appeared. A-party has already filed a written statement and thereafter only on 15.03.2010, the learned Magistrate passed the order.

7. The learned counsel appearing for the respondents 3 to 9, further submitted that this being only interim order passed by the learned Executive Magistrate, the revision against those orders is not maintainable. He also relied on the decision of the Honourable Allahabad High Court rendered in Crl.R.C.No.703 of 2001 (Maan Babu Dubey vs. State of Uttar Pradesh and another). (uncertified copy computer print is produced by the counsel).

8. The learned Additional Public Prosecutor appearing for the first and second respondent submitted that as there was a dispute between both parties, the Inspector of Police, Jedarpalayam Police Station, Thiruchengode Taluk has initiated action. The learned Public Prosecutor also submitted that after an order being passed under Section 145(1) Cr.P.C., the learned Executive Magistrate has got power only to attach the disputed property and appoint a receiver as per Section 146 Cr.P.C.

9. This Court considered the submission made by both parties and perused the records.

10. In the impugned order, the Executive Magistrate has not mentioned under what provision he passed the order. Only in the reference, it is stated that "Jadarpalayam Police Station FIR No.83 of 2009 dated 09.02.2010 under Section 145 Cr.P.C." This particular order was passed u