Judgment N. M. KASLIWAL, J. ( 1 ) THIS petition under Section 482 Criminal Procedure Code is directed against an order of the learned Sub Divisional Magistrate, Dholpur, dated June 29, 1983, passed under Section 146 (1) Criminal Procedure Code. On June 27, 1983, a complaint in writing signed by 28 residents of Dholpur was filed to the effect that some persons were trying to take unauthorised possession of a two strayed building situated near Ramkund Chopda adjacent to a temple of idol Shiva in Dholpur. The said complaint was forwarded to the Station House Officer, Kotwali Dholpur for immediate inquiry and early report to the Sub. Divisional Magistrate, Dholpur. The Station House Officer, Kotwali, Dholpur, after making inquiry submitted a complaint under Section 45 Criminal Procedure Code on June 29, 1983. The learned Sub-Divisional Magistrate on the same day passed the impugned order directing the Station House, Dholpur to attach the property in dispute, as there was danger as to breach of peace. ( 2 ) IT is contended by Mr. Garg, learned counsel for the petitioners that the learned Sub- Divisional Magistrate has no jurisdiction to pass an order under Section 146 (1) Criminal Procedure Code attaching the property in dispute without first passing a preliminary order under Section 145 Criminal Procedure Code. Reliance in this regard is placed on Narainram v. Shanker Lall. ( 3 ) A perusal of the order dated 29th June, 1983, passed by the learned Sub-Divisional Magistrate shows that he has mentioned the facts as contained in the complaint filed by the Station House Officer and thereafter he has observed that he perused the complaint and had inspected the site and arrived at the conclusion that the non-petitioners had taken unlawful possession of the property in dispute and in case the property was nor attached then there was danger as to breach of peace and agitation was increasing in the public. In view of these circumstances it was considered necessary in the opinion of the learned Sub Divisional Magistrate to attach the property in dispute. In the last portion of his order a direction was given to the Station House Officer, Dholpur, to go on the spot and attach the property in dispute and remove the locks put by the Non-petitioners. In view of these circumstances it was considered necessary in the opinion of the learned Sub Divisional Magistrate to attach the property in dispute. In the last portion of his order a direction was given to the Station House Officer, Dholpur, to go on the spot and attach the property in dispute and remove the locks put by the Non-petitioners. It has been further ordered that in case the Non-petitioners had any objection in this regard they would appear in the court on the next date i. e. July 8, 1983. ( 4 ) THE entire reading of the above order clearly shows that the learned Sub-Divisional Magistrate considered the case as one of emergency and for that purpose considered it necessary to attach the property in dispute. The Non-petitioners had also been given information to show cause against such action. This goes to show that no preliminary order as contemplated under Section 145 (I) Criminal Procedure Code has been drawn in the present ones. Section 145 (1) requires that whenever an executing Magistrate is satisfied from a report of a police officer or 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. Under Section 146 (1) it is only after making the above order as contemplated under sub-section (1) of Section 145 if the Magistrate considers the case to be one of emergency then he can pass an order attaching the property. The above scheme of the Sections 145 and 146 Criminal Procedure Code clearly indicate that the Magistrate assumes jurisdiction to attach the property on account of emergency only after making an order under sub-section (1) of Section 145 Criminal Procedure Code. Till an order is passed under Section 145 (1) Criminal Procedure Code, the Magistrate has no jurisdiction to consider the case regarding emergency. Till an order is passed under Section 145 (1) Criminal Procedure Code, the Magistrate has no jurisdiction to consider the case regarding emergency. In the present case as the Magistrate has not draw any preliminary order as contemplated under Section 145 (I) Criminal Procedure Code his order attaching property on account of emergency under Section 146 (1) is clearly illegal and without jurisdiction. ( 5 ) IN the result, this petition is allowed, the order of the learned Sub-Divisional Magistrate, Dholpur, dated June 29, 1983, is set aside and he is directed to take proceedings afresh in the manner indicated above. The learned Sub-Divisional Magistrate shall first consider the matter whether there is any necessity to draw a preliminary order under Section 145 (1) Criminal Procedure Code and thereafter he would consider the question of emergency as required under Section 146 (1) Criminal Procedure Code. He would pass two orders separately as to indicate that he has applied his mind to the circumstances existing for the applicability of Section 145 (1) and 146 (1) Criminal Procedure Code. The learned Magistrate would be free to take further action according to law on merits by following the procedure as indicated by this court in deciding the present petition. Petition allowed.