Short Note : 1. This reference under section 438 of the Code of Criminal Procedure, 1898, has been made by the First Additional Sessions Judge, Morena, recommending that an the proceedings from 6-4-1973 onwards in Miscellaneous Criminal Case No. 102/73 under section 145 of the Code may be quashed as the learned Sub-Divisional Magistrate, who is seized of the matter has, vide the impugned order dated 7-7-1973, ordered attachment of the property in dispute under the third proviso to sub-section (4) of section 145 of the Code. Held: As will be seen there is nothing in the order to suggest that the case was one of emergency. The power under the third proviso to sub-section (4) of section 145 of the Code is limited to cases in which the likelihood of a breach of the peace is so imminent as to call for immediate action to prevent it. Even according to the reckoning of the learned Sub-Divisional Magistrate, it was a case like any other in which the complaint is about likelihood of a breach of the peace because of a dispute about certain land, between the rival parties. This by itself would not give jurisdiction to the learned Sub-Divisional Magistrate of order attachment of the property in dispute. The reference is, therefore, accepted though for the aforesaid reason and the impugned order dated 7-7-1978 of the learned Sub-Divisional Magistrate in so far as it relates to the attachment of the property in dispute is Set aside. The case will proceed further according to Law, Reference accepted.