JUDGMENT Lawrence H. Jenkins, K.C.I.E., C.J., Woodroffe, Mookerjee, Carnduff and D. Chatterjee, JJ. - There is in our opinion no conflict between Sections 107 and 145 of the Criminal Procedure Code, so that the fact that there is a dispute concerning land, likely to cause a breach of the peace, does not deprive a Magistrate of jurisdiction u/s 107 of the Criminal Procedure Code, where he is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity. 2. Whether, after proceeding u/s 107 of the Criminal Procedure Code, it will be proper for a Magistrate to act u/s 145 of the Criminal Procedure Code, must depend on the circumstances of each case as it arises. It may be that after an order u/s 107 no likelihood of a breach of the peace would continue. 3. The competence of the Magistrate to proceed u/s 107 of the Criminal Procedure Code against persons not in possession must depend upon whether as against those persons the conditions specified in the section have been, established.