A Magistrate must record specific grounds for satisfaction about the likelihood of breach of peace before passing a preliminary order under Section 145(1) Cr.P.C. An attachment order under Section 146(1) Cr.P.C. can only be passed after an enquiry and a determination that neither party was in possession of the subject of dispute.

1. This is a petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, for quashing a preliminary order dated 14-4-1980 passed by the Sub Divisional Magistrate, Batala, in proceedings under Sec. 145, Cr. P. C. This petition is listed at the notice of motion stage, but since I have heard the parties counsel at length, it would be expedient to dispose it of finally, in the peculiar facts and circumstances.

2. A parcel of land measuring 10 acres, fully described in the petition, situated in village Puranawala, Tehsil Batala, District Gurdaspur, has, for the moment standing ripe wheat crop due for harvesting. Sardari Lal, petitioner No. 1, and his General Attorney, Raghbir Singh, petitioner No. 2, claim to be in possession of the said land and to have sown the standing wheat crop. On the other hand, respondents Nos. 3 to 8 being Kishan Singh and his five sons, claim to be in possession of the said land and the standing crop. It appears that Shri G. S. Multani, P. C. S. Sub Divisional Magistrate, Batala, suo motu passed a preliminary order under Section 145 (1), Cr. P. C. in the following terms :-

"It has come to my notice that there is some dispute over land in village Puranawala between Kishan Singh on the one hand and Sardari Lal on the other hand and, therefore, is likelihood of breach of peace. The S. H. O., Police Station, Dera Baba Nanak, should visit the spot and see if any security measures are required to be taken and take necessary action u/s. 145, Cr. P. C. If there is likelihood of any breach over the cutting of the crop, action may also be taken to get the crop attached."

The aforesaid order, being adequately suggestive, attracted a regular complaint under Section 145, Cr. P. C. from the S. H. O. Police Station Dera Baba Nanak arraying Kishan Singh and his five sons as the first party, and Sardari Lal and his General Attorney as the second party, to a dispute over the said land u/s. 145, Cr. P. C. The S. H. O. conveyed that proceedings under Sec. 145, Cr. P. C. be initiated against both the parties. Proceedings under Secs. 107/151, Cr. P. C. were also contemplated against them. He also suggested that the ripened wheat be attached and Receiver be appointed. On that report, the Sub-Divisional Magistrate passed a second preliminary order under Sec. 145, Cr. P. C. which is to the following effect :-

"Whereas I am satisfied from the police report sent by the S. H. O. Police Station, Dera Baba Nanak, that there is a dispute over possession of land measuring 80 Kanals, comprising Khasra No. 35 R/1, 21, 38R/5, 6, 15, 16, 25, 35R/10, 11, 20, situated within the revenue estate of village Puranawala, Tehsil Batala as party No. 1 and party No. 2 claim possession on it.

2. And whereas I am satisfied after going through the police report that there is likelihood of breach of peace, I hereby direct that proceedings under Section 145, Cr. P. C. may be initiated and both the parties may be called to adduce their evidence in support of their respective claims;

3. Further from the circumstances of the case, I am satisfied that neither of the parties is in actual possession of the land in dispute, I order that the crop standing on the property mentioned above be attached and order appointment of S. Gurbachan Singh, Kanungo, Circle Dera Baba Nanak, as Receiver to look after and account for the crop and render full accounts of the crop thus received and deposit the amount with this Court.

4. Further that the property will remain attached and will be looked after with due care by S. Gurbachan Singh, Kanungo, Dera Baba Nanak, who will be associated with necessary force by the S. H. O., Police Station, Dera Baba Nanak, as and when the same is required".

3. Apparently, there is no challenge to the first preliminary order passed by the Sub Divisional Magistrate, on 10-4-1980, and rightly so, because that is hardly any order within the spirit of Section 145 (1) Cr. P. C. Chal