JUDGMENT

Anil Kshetarpal, J. - The petitioner has invoked the inherent jurisdiction under Section 482 Cr.P.C seeking quashing of the complaint no. 59/4 dated 11.3.2020 and two orders passed on the same day by the Executive Magistrate in exercise of powers under Section 145, 146 Cr.P.C.

2. In the considered view of this Court, following questions/issues need adjudication:-

(i)Whether it is appropriate for an Executive Magistrate under Section 146 (1) Cr.P.C to appoint a Receiver of the property in absence of prima facie finding that the dispute to be one of emergency, or none of the parties was then in such possession as is referred to in Section 145 or if he is unable to satisfy itself as to which of them was then in such possession of the property in dispute.

(ii)Whether in absence of a dispute likely to cause a breach of peace, the Executive Magistrate is justified in initiating proceedings under Section 145 Cr.P.C.

3. Some facts are required to be noticed. It is undisputed that the petitioner- Vijay Ratra was running an industry and respondent no.2 - Raj Kumar Ratra later on joined the aforesaid business. The factory premises are constructed over two adjoining plots no. 116 and 1