The central legal point established is the necessity to adhere to the prescribed procedure under Section 145 Cr.P.C., 1973 and to avoid determining rights in an interlocutory order.

Mohammad Yaqoob Mir, J.

Aggrieved by the order dated 01.05.2018 passed in C.T. Case No.1 of 2016 by the Executive Magistrate, Ri Bhoi District, Nongpoh, instant petition has been filed.

2. It is the contention of the learned counsel for the petitioner that the learned Magistrate had to address the issue of possession under proceedings initiated under Section 145 Cr.P.C., 1973 but in terms of the order dated 01.05.2018 in effect he has decided the title of the land even though order is interlocutory but the rights of the parties have been decided.

3. Copy of the record of the case submitted by the learned Executive Magistrate, reveals that the provisions of Section 145 Cr.P.C., 1973 have been observed in breach, orders passed from time to time are inconsistent with the mandate of Section 145 Cr.P.C., 1973 as such arbitrary exercise of the power.

4. In the application as filed by the petitioner before the learned Magistrate, it had been projected that she has been in possession of a plot of land located at Byrnihat Proper, Ri Bhoi District, Meghalaya for more than six Serial No. 03 Regular List decades. On 16.09.2016 she had received a letter asking her to appear at the residence of Shri Carmel Makri and Santina Makri to arrange the tenancy issue. On 01.08.2015, two unknown persons entered the petitioner's house and threatened her on the issue of landed property, as a result whereof, her eldest son Shri Parimal Kr. Das lodged a complaint before the Headman. On 24.09.2016 at about 6.30 p.m. a truck loaded with stone boulders was brought by the unknown party and unloaded in the premises i.e., at the entrance of her house then, again, on 26.09.2016 at about 10.30 a.m. another loaded truck was brought by the opposite party as a result of which, she informed the Village Executive Members and the In-charge of Byrnihat Out Post, the said truck was taken by the police to the concerned Police Out Post. The intention of Shri Carmel Makri and Santina Makri is to cause breach of peace and to disturb the possession.

5. On receiving the application, the learned Additional District Magistrate recorded the first order on 04.10.2016, in terms whereof, the case has been assigned to the Executive Magistrate for disposal. The learned Executive Magistrate vide order dated 21.10.2016 has observed that before proceedings under Section 145 Cr.P.C., 1973 are drawn, in-charge Byrnihat Police Out Post to conduct the inquiry into the matter and to ascertain as to whether there is apprehension of any breach of peace and to submit his report. In compliance whereof, the report has been submitted by the Police mentioning therein that the case may be instituted only under Section 107 Cr.P.C., 1973 and not under Section 145 Cr.P.C., 1973 Thereafter, the Magistrate has directed both the parties to appear in the court and to submit their written statements so as to enable him to proceed further. Various interim orders have been recorded but vide order impugned dated 01.05.2018 has concluded as under:

"(1) The 1st party should immediately stop any construction activities in the mentioned land.

(2) The 2nd party to maintain status-Quo until further order.

(3) The Headman, Byrnihat Proper to clarify what rules/law empower them to give land to the non-tribal without State Government's Notification.

(4) The Secretary, KHADC to explain as to whether nontribal can possess land in Byrnihat Proper, Ri Bhoi District.

(5) The I/c Byrnihat Police Out Post to ensure that both parties adhere to this instant order."

6. The proceedings recorded by the learned Executive Magistrate clearly indicate that the procedure prescribed under Section 145 Cr.P.C., 1973 has not been followed at all.

(a) In terms of Section 145 (1) Cr.P.C., 1973 the learned Executive Magistrate had to derive satisfaction from a report of a police officer or upon other information and had to state grounds of his being satisfied that the dispute is likely to cause breach of peace concerning the land within his jur