ARIJIT PASAYAT, J.

( 1 ) CAN Magistrate take action un der Section 145 of the Code of Criminal Proce dure 1973 (in short, the 'code') in respect of movable property is the question raised in this application.

( 2 ) BACKGROUND facts sans unnecessary details are as follows:an application for taking action under Section 144 of the Code was filed by one Akshaya Kumar Sahoo (opp. party No. 2) before the Executive Magistrate, Cuttack. The application was regis tered as Criminal Misc. Case No. 495 of 1992. The case of Akshaya was that his father had entered into an agreement for transfer of owner ship of DCM Toyata minibus bearing registration No. OR-05a-0571, paid Rs. 50,000. 00 on 6-1-1993 to Arakhita Sahoo (opp. party No. 3) and had obtained a money receipt. He took possession of the bus, used to pay road tax in every month for plying the bus from Adhani Kujang to Bhubaneswar. From time to time he used to get the bus repaired in the workshop of Kalinga Auto Centre (P) Ltd. , (opp. party No. 4) on payment of charges. He was in peaceful possession of the bus from 6-1-1993 to 14-4-1993. While the bus was returning from Bhubaneswar, one Prahalad Behara and some others forcibly entered int