Judgment Nagendra Rai, J. 1. Heard the parties. The petitioners have challenged the order dated 22-12-1992 passed by Executive Magistrate, Dhanbad in a proceeding u/s. 145 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) attaching the disputed land u/s. 146 (1) of the Code. 2. It appears from the record that against the aforesaid order the petitioners had gone in revision before the Sessions, Judge but the same was not entertained on the ground that the order was an interlocutory one. 3. Learned counsel for the petitioners contended that as the learned Magistrate has not given any finding that there was an emergent situation, he was not justified in attaching the disputed laid. He has attached the land only on the ground that there was a breach of peace with regard to the disputed land between the parties. 4. According to sec. 146 (1) of the Code, the Magistrate can attach the disputed land only in case of emergency. In the present case, he has attached the land only on the ground that there was an apprehension of breach of peace between the parties. Accordingly, the requirement of the aforesaid sections lacking in this case. In that view of the matter the impugned order is set aside. 5. However, it is made clear that if the Magistrate on the basis of the application filed by the opposite parties or on the basis of fresh police report finds that the case is to be one of the emergency he will attach the disputed land. 6. As 145 proceeding is of the year 1992, the Magistrate concerned is directed to dispose of the same within a period of sixmonths from the date of receipt/Production of a copy of this order. 7. With the above observation/ direction, this application is allowed.