Attachment under Section 146(1) of the Code of Criminal Procedure, 1973, does not terminate the proceedings under Section 145. The Magistrate has the right to proceed with the case and determine the possession in the light of the provisions of Section 145(4) of the Code.

1. The facts of this petition under S.482 of the Cr. P. C. 1973, (hereinafter referred to as the new Code) are that a report was made by the police about the apprehension of the breach of the peace between the parties in regard to the possession of land in dispute to the Executive Magistrate, Sirsa, who passed orders under S.145 (1) of the new Code and attached the subject-matter of the dispute under S.146 (1) of the new Code. He directed the parties to file written statements of their claims and also to lead evidence. Some evidence was examined before him. The petitioners have filed this petition in this Court on the ground that once an attachment is made under S.146 (1) of the new Code, the proceedings under S.145 of the Code terminate and the Magistrate becomes functus officio. He seeks the quashing of the proceedings, which the Magistrate is now taking under S.145 of the new Code and also the evidence recorded by him. The petition is opposed by the respondents.

2. The Cr. P.C. 1898, (hereinafter referred as the old Code) was amended in 1955 and the power of attachment was given to the Magistrate in case of emergency in S.145 under sub-sec. (4). In some cases where the Magistrate could not himself determine about the possession of the subject-matter of the dispute in accordance with the provisions of S.145 of that Code, he had the power to refer the matter to the Civil Court under S.146 of that Code. In the new Code, the power of attachment has been omitted from S.145 and it is now provided in S.146 (1). The right of the Magistrate to refer the matter to the Civil Court has also been omitted.

3. Ss.145 and 146 of the new Code are as under :-

"145 (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local 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, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in the manner provided by the Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) The Magistrate shall then, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-sec. (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-sec. (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-sec. (1).

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exist or has existed, and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but subject to such cancellation, the order of the