ORDER

This application under Section 482 of Cr.P.C. has been filed against order dated 15/09/2021 passed by Additional Sessions Judge, Harsood, District Khandwa in Criminal Revision No.12/2021 arising out of order dated 06/07/2021 passed by SDM Harsood, District Khandwa in case No.0001/Criminal/145/2021.

2. The facts necessary for disposal of present application in short are that the applicants filed an application under Section 145 of Cr.P.C. Without issuing a preliminary order under Section 145(1) of Cr.P.C. and without deciding as to whether there is any possibility of breach of peace, the concerning Magistrate issued notices to the respondents and ultimately decided the proceedings under Section 145 of Cr.P.C. by holding that the Patta which has been relied upon by the respondents appears to be a forged document and accordingly, it was directed that the respondents should remove their possession within a period of seven days and should hand over the possession back to the applicants.

3. Being aggrieved by the said order, respondents preferred a Revision which was registered as Criminal Revision No.12/2021. The Additional Sessions Judge, Harsood, District Khandwa by order dated 15/09/2021 allowed the Revision on the ground that the proceedings under Section 145 of Cr.P.C. were initiated without passing any preliminary order and without any satisfaction as to whether there is any possibility of breach of peace or not.

4. Challenging the order passed by Revisional Court, it is submitted by counsel for the applicants that the Revisional Court committed material illegality by ignoring the fact that the applicants were dispossessed by the respondents within a period of two months from the date of receiving of information by the Magistrate and thus the order was rightly passed by the SDM.

5. Considered the submissions made by counsel for the applicants.

6. The Revisional Court in paragraph 13 has mentioned about the dates on which different proceedings were conducted by the SDM. According to paragraph 13, application under Section 145 of Cr.P.C. was filed on 20/12/2020 and notices were issued for filing reply and documents. Accordingly on 22/01/2021, respondents filed their written statement and thereafter the case was fixed for recording of evidence of the parties. On 23/02/2021, evidence of the parties was recorded. Thereafter, the report was summoned with regard to the Patta issued in favour of the respondents and the registration register of Patta was also summoned. However, Patwari submitted his report but registration register was not submitted by concerning Clerk and ultimately on 15/06/2021, the SDM held that Patta has not been proved and accordingly, passed the order of eviction on 06/07/2021.

7. The Revisional Court has come to a conclusion that no preliminary order under Section 145(1) of Cr.P.C. was passed. No satisfaction with regard to possibility of breach of peace was recorded. By relying upon the judgment passed by the High Court in the case of Jaineesuddin and others Vs. Jabesuddin and another reported in 2006 (4) MPHT 181 , it was held that where the order of attachment was passed without passing an order under Section 145(1) of Cr.P.C. the proceedings are bad. Furthermore, by relying upon the judgment passed in the case of Gautambai Vs. Ramavtar reported in 1990 C.R.J. (N.O.C.) 59, it was held that merely because there is a dispute between the parties, it is not sufficient to initiate the proceedings under Section 145 of Cr.P.C. unless and until there is a possibility of breach of peace. Thus, it was held that since the proceedings under Section 145 of Cr.P.C. were initiated without recording its satisfaction with regard to possibility of breach of peace, therefore entire proceedings conducted by the SDM was bad.

8. Applicants have not filed the copy of order-sheets of the Court of SDM Harsood, District Kh