JUDGMENT Bhargava, J. - This is a reference by the Sessions Judge of Allahabad. The facts leading to the reference are these: On October?, 1949 one Mahadeo made an application to the City Magistrate of Allahabad praying that proceedings u/s 145 of the Code of Criminal Procedure, be initiated against Mela Ram, as there was a dispute between them, in respect of certain plots of land; of which he was the sub-tenant on behalf of one Mt. Umrai, and the dispute was likely to cause a breach of the peace. The Magistrate sent the application to the Station Officer, Daraganj police station, for inquiry and report- On the 16th October, 1949, the S.O, submitted a report saying that both the parties laid claim to a bagh and wanted to take possession thereof, and, in such." circumstances, there was a likelihood of a breach of the peace and that the bagh might be attached. On receipt of the police report the learned Magistrate made the following order: Police report seen. No grounds exist for action u/s 145 Cr. P.C. Application is dismissed. 2. Mahadeo filed a revision, against the order of the Magistrate dismissing his application, in the court of the Sessions Judge In the opinion of the learned Sessions Judge the order of the Magistrate was "clearly unjustified in the face of the unrebutted police report". 3. Accordingly, he has made this reference, and recommended that the order be set aside and the ease be further inquired into. 4. The fact that the police report was ''unrebutted'' did not affect the validity of the order made by the Magistrate. At the stage at which the order was passed) there was no occasion for the rebuttal of the report; nor was there any one present before the Magistrate who could do so. The Magistrate had to form his own opinion and decide whether there existed any dispute likely to cause the breach of peace. He was not prepared to accept the facts stated in the application filed by Mahadeo, and called upon the police to enquire and report; and the report was submitted to him. It contained a statement of facts., and the opinion of the police officer. The Magistrate was not bound to accept the opinion of the police officer; and he was entitled to form his own opinion on the facts stated in the report. 5. It contained a statement of facts., and the opinion of the police officer. The Magistrate was not bound to accept the opinion of the police officer; and he was entitled to form his own opinion on the facts stated in the report. 5. The proceedings u/s 145 of the Code of Criminal Procedure are initiated with the object of preventing the breach of peace and the responsibility for initiation of those proceedings rests upon a District Magistrate, Sub-Divisional Magistrate or any other Magistrate of the first class. Any of these Magistrate is empowered to initiate the proceedings, provided he is satisfied about the existence of any dispute concerning immovable property likely to cause the breach of peace and it is the Magistrate's satisfaction that is required, and not the satisfaction of his informant or any police officer. It is not necessary that in every case the Magistrate must accept the police report; in suitable cases after applying his mind to the facts stated in the report, he will be perfectly justified in refusing to act upon it. For instance in this case, the report showed that Mela Ram had obtained a lease from the Court of Wards in respect of the plots in dispute and Mahadeo laid claim through a woman, who claimed to be the old tenant. In these circumstances the Magistrate could reasonably conclude that a dispute of that nature was not likely to cause the breach of peace. 6. Learned counsel, who appears for Mahadeo, has argued that the Magistrate ought to have given him an opportunity to support his allegations made in the application; but there is no provision in the Code of Criminal Procedure under which the Magistrate was bound to do so. When the application was filed by Mahadeo the Magistrate decided to call for a police report; and; when the police report was received, on a perusal thereof, he was not satisfied about the existence of any dispute likely to cause the breach of peace. There was the end of the matter. 7. When the application was filed by Mahadeo the Magistrate decided to call for a police report; and; when the police report was received, on a perusal thereof, he was not satisfied about the existence of any dispute likely to cause the breach of peace. There was the end of the matter. 7. Another argument advanced by the learned counsel is that there was a case instituted by him and it was finally decided, and as the order made in the case could be challenged in revision, the Magistrate Was bound to give reasons for the order, but he failed to do sounder Section 145 of the Code of Criminal Procedure Mahadeo could only give information to and not institute any case before the magistrate; and, if in respect of that information the Magistrate was satisfied about the existence of any dispute likely to cause the breach of peace, he could initiate the proceedings. The Magistrate has stated that there were no grounds for taking action u/s 145 of the Code; and he need not have given any further reason. The Magistrate had to state the grounds for his being satisfied about the existence of a dispute likely to cause the breach of peace and not in a case where he was not so satisfied. 8. I, therefore, see no reason to set aside the "order passed by the learned Magistrate. The reference is rejected.