HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6426 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 of Cr.P.C., seeking to quash the order dated 24.07.2011 passed by the Sub-Divisional Magistrate and Revenue Divisional Officer, Eluru, West Godavari District, 2nd respondent herein, in M.C.No.3 of 2011. Heard both sides and perused the record. The 2nd respondent has passed the impugned order by invoking the provisions under Section 145(1) Cr.P.C. The operative portion of the impugned order runs as follows: ”Till such time, both the parties are restrained to enter into the disputed tube well located in Ac.0.54 cents in R.S.No.286/112 of Kamsaligunta, H/0 Nallamadu village of Unguturu Mandal.” Now, it is apt to refer to Section 145(1) of Cr.P.C. which reads as under: “Procedure where dispute concerning land or water is likely to cause breach of peace – Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.” In the light of the above, this Court is of the view that no such order can be passed, while invoking the provisions under Section 145(1) of Cr.P.C. Hence, the part of restraint order referred to supra alone is quashed and the parties are hereby directed to appear before the 2nd respondent on 11.08.2011 at 11.00 a.m. as directed by him. Accordingly, the Criminal Petition is disposed of and the Miscellaneous Petitions, if any, filed along with the criminal petition, shall stand closed. _____________ RAJA ELANGO, J 2nd August, 2011 Note: Furnish C.C. in two days. (b/o) cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.6426 of 2011 (Disposed of) 2nd August, 2011 cbs