ARIJIT PASAYAT, J. ( 1 ) CAN Magistrate take action un der Section 145 of the Code of Criminal Proce dure 1973 (in short, the 'code') in respect of movable property is the question raised in this application. ( 2 ) BACKGROUND facts sans unnecessary details are as follows:an application for taking action under Section 144 of the Code was filed by one Akshaya Kumar Sahoo (opp. party No. 2) before the Executive Magistrate, Cuttack. The application was regis tered as Criminal Misc. Case No. 495 of 1992. The case of Akshaya was that his father had entered into an agreement for transfer of owner ship of DCM Toyata minibus bearing registration No. OR-05a-0571, paid Rs. 50,000. 00 on 6-1-1993 to Arakhita Sahoo (opp. party No. 3) and had obtained a money receipt. He took possession of the bus, used to pay road tax in every month for plying the bus from Adhani Kujang to Bhubaneswar. From time to time he used to get the bus repaired in the workshop of Kalinga Auto Centre (P) Ltd. , (opp. party No. 4) on payment of charges. He was in peaceful possession of the bus from 6-1-1993 to 14-4-1993. While the bus was returning from Bhubaneswar, one Prahalad Behara and some others forcibly entered into it near the Pala-Mandap of Badambadi Bus-stand, directed all the passengers to get down, and forcibly took the vehicle to garage of Utkal Motors Private Limited. Akshaya apprehended that the intention of Utkal Motors Private Limited acting through Nightingale Engineering Industries Pvt. Ltd. , (the petitioner) or its functionaries was to take the vehicle to Calcutta, or damage, steal, destroy, set fire or sell it to a third party. He accordingly moved a petition before the Executive Magistrate for interference. On the basis of the said petition, a preliminary order was passed by the Executive Magistrate on 22-5-1993 purportedly under Section 144 (2) of the Code restraining Arakhita, Kalinga Auto Centre Private Limited, Utkal Mo tors Private Limited represented by Prahalad Behra, Manager of Nightingale Engineering In dustries Pvt. Ltd. , from selling, transferring, dam aging the vehicle until further orders. The said opposite parties before the Executive Magistrate filed objections. The said opposite parties before the Executive Magistrate filed objections. By the impugned order it was directed by the Executive Magistrate that the mini bus which was kept in police custody for its safety because of scramble for possession, was to be kept in the custody of the Inspector-in-charge of Bidanasi Police Station. This order was passed in purported exercise of power under Section 145 of the Code. The inspector-in-charge was appointed custodian under Section 146 of the Code. He was directed to see that no breach of peace takes place and the vehicle is not damaged and destroyed. ( 3 ) THOUGH several points were urged in support of the application, the main ground of attack of Mr. Goutam Mukherji is that Section 145 of the Code has no application and therefore, the order is misconceived. The learned counsel for the opposite parties, however, submitted that even if the nomenclature of the order is one under Section 145 of the Code, in essence it was passed under Section 144 of the Code. ( 4 ) IN order to consider the rival submissions it is to be seen whether any order of the nature passed by the Executive Magistrate could have been passed by him. Chapter X of the Code relating to maintenance of public order and tran quillity has been divided into four parts. Part D in which Section 145 appears relates to disputes as to immovable property. Obviously therefore no order under Section 145 can be passed in respect of any property other than immovable property. Sub-Sections (1) and (2) which are relevant read as follows :"145. Procedure where dispute concerning land or water is likely to cause breach of peace. (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries there of, 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. (2) For the purpose of this Section, the expres sion 'land or water' includes buildings, markets, Fisheries, crops or other produce of land, and the rents of profits of any such property. "a bare reading of the provisions makes it clear that the Executive Magistrate can pass an order in writing if he is satisfied on the report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries there of, within his local jurisdiction. Power to attach subject of dispute and appointment of re ceiver is prescribed in Section 146. The said provision makes it clear that if the Magistrate at any time after making an order under Sub-Section (1) of Section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in Section 145 or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competant Court determines the rights of the parties there to with regard to the person entitled to the possession thereof. The power to pass an order under Section 146 can be exercised if the Magistrate makes an order under Sub-Section (1) of Section 145, and any of the circumstances enumerated in Sub-Section (1) of Section 146 exists. Therefore, exer cise of power under Section 146 is dependent upon passing of an order under Sub-Section (1) of Section 145. The principles that govern the appli cation of Section 145 are fairly well-settled and may be epitomised as follows :- (I) There must be a dispute relating to land or water or the boundaries thereof; and (ii) the Magistrate must be satisfied from report of police officer or other information that there is likelihood of breach of peace. ( 5 ) SECTIONS 145 and 146 together constitute a scheme for the resolution of a situation where there is likelihood of breach of peace because of a dispute concerning any land or water or their boundaries. Section 146 is a sort of corollary to Section 145 and the legality of an order under the former Section depends on its having been pro ceeded by legal proceedings under Section 145. Section 146 is a sort of corollary to Section 145 and the legality of an order under the former Section depends on its having been pro ceeded by legal proceedings under Section 145. If the proceedings under Section 145 are void, an order under Section 146 cannot stand. ( 6 ) AS the subject-matter of dispute in the case at hand before the Executive Magistrate was a mini-bus, obviously Section 145, and consequen tially Section 146 has no application. The order passed by the Executive Magistrate, Sadar is, therefore, indefensible and is vacated. The learned counsel for the opposite parties submits that an appropriate motion shall be made before the Ex ecutive Magistrate, Sadar, Cuttack for re-consid eration of the matter relating to the mini-bus. If such a motion is made, same shall be dealt with in accordance with law. ( 7 ) THE criminal misc. case is accordingly disposed of. Order accordingly.