HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 2384 of 2011 ORDER: The present Criminal Revision Case has been preferred by the Revision Petitioner challenging the rejection orders dated 25.10.2011 passed by the Tahsildar and Executive Magistrate, Bapatla Mandal, Guntur District The brief facts of the case are that: The petitioner who is the owner of the premises has let out his premises to one Kishore, who was not arrayed as a party in the said petition. The tenant handed over the keys of the said premises to the petitioner herein and absconding for the last four months. The petitioner tried to take possession of the same, but, some of the creditors of the tenant tried to break open the shop and tried to remove the stocks kept in the premises., Hence, the petitioner has preferred an application invoking the provision under section 145 Cr.P.C. before the Executive Magistrate to break open the premises and to auction the property in the market. The Executive Magistrate rejected the said petition observing that the petitioner is at liberty to seek his remedy by way of approaching the civil Court. Aggrieved by the same, the present Criminal Revision Case has been preferred. Heard the learned counsel for the petitioner and also perused the records. The Executive Magistrate has the power to invoke the provision under Section 145 Cr.P.C. on the basis of the police report or upon information regarding the possibility of breach of peace in a particular place. The petition ﬁled by the petitioner does not disclose anything for the intervention of the Executive Magistrate in the present case. The learned counsel for the petitioner submitted that he lodged a complaint before the police, but the same was not reﬂected in the petition ﬁled by the petitioner and a copy of the complainant also not ﬁled. Hence, this Court is of the view that the order passed by the Executive Magistrate is not erroneous in law. If the petitioner intends to invoke the provisions of Section 145 Cr.P.C., he can very well approach the concerned police regarding the possibility of breach of peace, on investigation if the concerned police are of the view that there is every possibility of breach of peace, he can ﬁle an application before the concerned Executive Magistrate, otherwise, he can seek remedy before the appropriate civil Court. With the above observations, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _____________ RAJA ELANGO, J 30.11.2011 CHV