Attachment of disputed property

Magistrate was required to call a report from the police and after perusal of the same, if he was satisfied from such report or from any other information that there existed a dispute between the parties in respect of the land, which was likely to cause breach of peace, he might pass an interim order in terms of S.145(4), Cr.P.C.

Where the material was not sufficient to pass an interim order, Magistrate might hold an inquiry by examining the parties and pass a final order restoring possession to a party which was dispossessed two months prior to its wrongful dispossession under S.145(6), Cr.P.C.

Where, during inquiry, material brought on record was not sufficient to record a finding over possession, Magistrate might order attachment of property in terms of S.146(1), Cr.P.C.

Section 145, Cr.P.C. did not curtail the powers of the Magistrate to pass a final order under S.145(6), Cr.P.C. after holding inquiry, in case of his failure to pass preliminary order under S.145(4), Cr.P.C. within two months

Only restriction imposed in such regard was that party to whom possession was restored must have been dispossessed within two months of the complaint.