S. C. MOHAPATRA, J. ( 1 ) - Order of attachment by the learned Executive Magistrate under Section 146 (1) Cr. P. C. in a proceeding under Section 14s, Cr. P. C. is the subject matter of challenge in this revision. By an interim order, petitioner was permitted to harvest the crop of the year but attachment of land was not disturbed. ( 2 ) LEARNED counsel for the petitioner submitted that the disputed land being joint family property, the preliminary order is bad in law and as such the order of attachment in an incompetent proceeding is not justified. He further submitted that the materials on record would not disclose any likelihood of breach of peace or emergency for exercise of power either under Section 14; Cr. P. C. or under S. 146 (1) Cr. P. C. ( 3 ) LEARNED counsel for the opposite parties submitted that the learned Magistrate having been satisfied that there was likelihood of breach of peace issued the preliminary order which was not assailed by the petitioner and in stead, he filed written statement to contest the proceeding to get an order in his favour. It is further submitted that there was emergency and tile order of attachment was justified. ( 4 ) PROVISION under Section 145, Cr. PC. is for prevention of breach of peace. Unless the order is supported by no material or is clearly unreasonable or arbitrary or outcome of extraneous consideration, the revisional power or inherent power should not, be exercised for interference with the preliminary order at an interim stage. This is not such a case. Accordingly. I am not inclined to give a finding relating to the maintainability of the proceeding at this stage. Parties should adduce evidence to that effect unless learned Magistrate is satisfied on materials on record that the proceeding is to be dropped or is to be converted to any other proceeding. It will be enough ill case I direct the learned Magistrate to dispose of the proceeding by the end of January, 1989. ( 5 ) LEARNED counsel for the petitioner has made a grievance about the order of attachment passed under See. 146 (2), Cr. P. C. This is a temporary order which would come to an end with the final disposal of the proceeding under Sec. 145, Cr. ( 5 ) LEARNED counsel for the petitioner has made a grievance about the order of attachment passed under See. 146 (2), Cr. P. C. This is a temporary order which would come to an end with the final disposal of the proceeding under Sec. 145, Cr. P. C. Power of learned Magistrate under this Section is not to be lightly disturbed since the purpose of attachment would be frustrated. While maintaining the order of attachment, I direct that the property in dispute be put to auction for this year confined to the parting only. The highest bidder on deposit of the bid amount shall be the custodian of the property who can cultivate the same at his own expense and enjoy the usufruct. The other party shall remain prohibited to enter upon the land or interfere in any manner the custody of the receive red If highest bidders allure to deposit the amount within the time stipulated by the learned Magistrate, the other party on deposit of the amount offered by him shall be the custodian and can cultivate and enjoy the usufruct for this year. Since the agricultural operations are to commence early on account of rain having set in, it is desirable that the auction should be completed by the end of July, 1988. Learned counsel for the petitioner undertakes to produce the order before the learned Magistrate. Both parties are directed to appear before the learned Magistrate on 22nd July, 1988, on which day, the learned Magistrate shall fix a date to put the property to auction within the month of July. With the aforesaid direction, this application is disposed of with the observation that while considering the merit of the contentions of the parties, any observation made in the impugned order shall not influence the learned Magistrate in any manner. Till the auction is held and custody is given to any party as directed, both parties are restrained to enter upon the land. ( 6 ) CRIMINAL Revision is disposed of accordingly.