Order This is a petition under Section 482, Criminal Procedure Code to call for the records and quash the proceedings in M.C.No.36 of 1988 on the file of the Sub Divisional Magistrate and Sub Collector, Coimbatore. 2. Sub Divisional Magistrate passed on 14-4-1988 two orders. One is under Section 145, Criminal Procedure Code in which it is stated that it has been reported to him that there was likelihood of. breach of peace on account of rival claims of A and B parties in respect of the building bearing door No.8, Ward No.VI, Sathyamangalam Main Road, Sirumugai, being satisfied of such likelihood, he has directed both the petitioners and the counter petitioners to appear before him on 25-4-1988 at 11 a.m. for an enquiry under Section 145, Criminal Procedure Code. On the same day, he passed an order under Section 146, Criminal Procedure Code in which he has referred to the order passed under Section 145. Then he proceeded to state that he considered the case as one of the emergency and that he was unable to satisfy himself as to which of the said parties was in possession of the disputed properties. Therefore, he authorised the Inspector of Police, Mettupallayam circle to attach the disputed property and to get possession thereof until decree or order of Competent qourt determining the rights of the parties with regard to entitlement to possession has been obtained. 3. Section 146, Criminal Procedure Code contemplates three situations - (1) One of emergency at time after the order under sub-clause (1) of Section 145; (2) the Magistrate deciding that none of the parties was in possession as referred to under Section 145; and (3) the Magistrate being unable to satisfy himself as to which of the party was in possession. It can be seen from the above that he can pass an order under Section 146, Criminal Procedure Code either before an enquiry, by himself under Section 145 if the matter is one of emergency, or after the enquiry in cases Nos.2 and 3. In this case, he has called the parties for an enquiry, and that order was passed on 14-4-1988. It was open to him to pass an order under Section 146, clause (1). In this case, he has called the parties for an enquiry, and that order was passed on 14-4-1988. It was open to him to pass an order under Section 146, clause (1). In such a case, the order of attachment would be in force till the end of his enquiry, unless he renews it considering the case to be falling under clause 2 or 3 after his enquiry. 4. In the present case, he has directed the properly 'to be under attachment until the order of the competent court, even before making the enquiry he is statutorily enjoined to do so. This is a case of evasion of duty. Further, in his order he has stated that the case was one of emergency and also one in-which he was unable to satisfy himself as to which of the said parties was in possession of the same. It is wondered how without hearing the parties, he can satisfy himself as to which of the party was in possession of the same. This is an order which is passed without application of mind and in disregard of the due process of law. The order is liable to be set aside. 5. As far as the order under Sec.145(1), Criminal Procedure Code is concerned it is seen that Sub-clause (1) of Sec.145 only requires the parties to attend his Court and put in any written statements of their respective claims. There is nothing to be aggrieved at in that order. That order has necessarily to be upheld. It is for the parties to appear before him, if they have got an order of a civil Court now in force, they can produce before him, in which case the Magistrate will close the proceedings. Otherwise, they will have to put forth’ their respective case and produce all pieces of evidence and the Magistrate will conduct the enquiry and reach his own conclusion. 6. In the result, the order under Sec.146, Criminal Procedure Code is set aside and the Magistrate is directed to conduct his proceedings under Sec.145 expeditiously. The office is directed to send back the records immediately.