JUDGMENT M.D. Hamid Hussain, J. - This reference arises out of proceedings under section 145 Cr.P.C. The learned Sessions judge has recommended for the setting aside of the impugned order of the magistrate dated 16th November, 1971 the operative portion of which is : "Proceedings under section 145 Cr.P.C. are hereby dropped and the land already attached shall be released in favour of the 0. Ps. Let the copy of this order be sent \ to S. 0. Dankaur for compliance. The other party is forbidden to interfere in the possession of 0. Ps." 2. Proceedings under section 145 Cr.P.C. were initiated by the applicant Hari Ram. The Magistrate being satisfied about the existence of apprehension of breach of peace passed a preliminary order under section 145(1) Cr.P.C. on 14th April, 1971.-After the parties put had in appearance and filed their written statements and affidavits the magistrate came to the conclusion that there existed no apprehension of breach of peace between the parties. Accordingly, the magistrate decided to drop the proceeding. While dropping the proceedings, the magistrate passed the above quoted order. In the above quoted order the magistrate had no jurisdiction to direct that the property attached should be released in favour of the opposite-parties and restraining the applicant from interfering with the possession of the opposite-par- ties. The direction of delivery of property to one party and forbidding the other party from interfering with the possession was without jurisdiction of the magistrate. under section 145 Cr.P.C. the magistrate gets jurisdiction in respect of immovable property only when there exists a dispute between the parties causing apprehension of breach of peace. In case there is no apprehension of breach of peace or the apprehension of breach of peace disappears, the magistrate has no jurisdiction to pass any incidental order in respect of the immovable disputed property. 3. The learned Sessions judge, for reasons given in his judgment, has rightly recommended for the setting aside of the impugded order. The order of the magistrate quoted above with regard to delivery of possession to one of the par ties and forbidding the other party from interference is accordingly quashed. The proceedings u/S. Or. Cr.P.C. initiated by the applicant will be deemed to have been dropped. 4. The reference is accepted.