( 1 ) BY this Misc. Criminal Petition the petitioner prays for quashing the notice dt. 29-6-85 issued by respondent No. 1 under directions of the respondent No. 2, as contained in his letter No. 149 S. D. M. /85 dt. 28-6-85 thereby calling upon the petitioner to stop construction on his land.

( 2 ) THE petitioners case is that he purchased land bearing Survey No. 1166/2 situated in Katkatpura Indore from one Jageshwar by registered sale deed dt. 7-10-83 and has been in possession of the said land. They have also obtained necessary permission from the Authorities concerned for construction of a building on the said land (Annexure-Il ). Construction was started on 5-2-85 and till the filing of the present petition, he had spent almost Rs. 2000. 00 over construction.

( 3 ) ON 29-6-85 the petitioner had received a notice from the respondent No. 1 directing him to stop construction. The notice has been filed by the applicant as Annexure-Ill. The petitioner on receipt of this notice (Annexure-Ill) contacted the respondents No. 1 and 2 and moved an application placing all facts requesting them to permit construction but in vain. Hence the present petition.

( 4 ) GOING through the record which has been received from the Sub-Divisional Magistrate Indore, the respondent No. 2, it is apparent that these proceedings u/s 145 (1) Cr. P. C. have been Initiated by respondent No. 4.

( 5 ) BEFORE proceeding further with the petition, it would be better to enumerate the basic essentials of Section 145 (1) Cr. P. C. The Section contemplates (a) a dispute (b) relating to possession at land (c) likely to cause breach of peace and on fulfillment of these conditions the Magistrate gets jurisdiction to intervene whenever he is satisfied that these essential grounds or reasons for intervention exist. This Jurisdiction is though narrow and limited is well defined and strictly confined to prevention of apprehended breach of peace. The first step in such proceedings, required to be taken, of course on fulfillment of the aforesaid conditions is to pass an order u/s 145 (I) Cr. P. C. which in this case was passed on 2-7-85 by Shri Z. A. Rizave 5dm. Indore. Prior to the passing of this order a letter No. 149/s. D. M. /85 dt. 28. 6. 85 was addressed to the Station Officer, P. S. Juni Indore. It leads as follows : -. . (Verunaculer Matter Ommited ). . It will be seen that this letter itself is in the nature of an order, directing the Police to file a report which is made to appear to have been filed on 1-7-85 although the marginal endorsement in the order sheet indicates that the aforesaid direction was issued on 2-7-85 and the date 2 is corrected as 1.

( 6 ) ON 1-7-85 the learned Sub-Divisional Magistrate has recorded :- PRAKRAN POLITIC AL LOGOO KA JAN PADTA HAL ATTAH IS SAMBANDH ME POLICE STATION JUNI INDORE SE TATKAL REPORT MANGWAI JAVE. This is how the Police report is received. The order sheet does not bear any date, but the marginal endorsement shows 1/7/1985 with corrections in the date. Now by no stretch of law can it be said to be a justifiable reason for calling the report from the Police for initiating action under section 145 (1) Cr. P. C. The basic requirements stated above have been over looked. ( 7 ) THE scope of exercise of powers under section 145 (I) Cr. P. C. is well defined and it is also well established that the Sub- Divisional Magistrate who exercises powers under section 145 (1) Cr. P. C. has to act in a Quasi Judicial manner. Taking it to be an administrative action still it has to be informed with reason and fairness not influenced by such political considerations in invoking the provisions of law. It is to be noted with regret that the initiation of proceedings u/s 145 (1) Cr. P. C. is itself bad in law being in utter disregard of the essential requirements.

( 8 ) FOR the first time the parties appeared before the Sub-Divisional Magistrate on 3-7-85 but it is significant to note that even before the parties appeared t