JUDGMENT : P.K. Mohanty, J. - The Petitioner assails the order of the learned Executive Magistrate, Kendrapara passed u/s 144, Cr. P.C. restraining him from entering upon the case land until further orders. 2. The present case has become in fructuous since the restraint order passed u/s 144(2), Cr. P.C. by the learned Executive Magistrate on 29-10-1998 has lapsed by efflux of time in terms of Sub-section (4) of Section 144, Cr. P.C.. But, however, keeping in view the facts and circumstances of the case and the submissions made by the learned Counsel for the Petitioner, it is necessary to discuss the short facts and circumstance of the case and as to how the proceedings are initiated u/s 144, Cr. P.C. and the process is abused by the interested parties and under advantage has been.taken of, without recourse to proper and appropriate provision and forum. 3. Sri Pradhan, learned Counsel for the Petitioner submitted that on consideration of the background of the case', and the manner in which successive applications u/s 144, Cr. P.C. is most suppressing material facts and orders are obtained to the detriment of the present Petitioner in spite of a clear right, title, interest and possession over the disputed land. It is submitted that in the year 1986 opp. party No. 1 having decided to sell a portion of the disputed property to the extent of Ac. 5.305 decs. and the Petitioner and opp. party No. 1 having executed an agreement for sale of the property, but however, opp. party No. 1 having subsequently engaged his mind being influenced by the interested person and having not registered the property in favor of the Petitioners, the Petitioner has filed Title Suit in the court of the learned Subordinate Judge, Kendrapara. The learned Subordinate Judge in his order dated 21-7-1989 under Order 39, Rule 1, C.P.C., issued ad interim order of injunction against the opp. parties restraining them from selling the land to any other person and the matter is still pending. In the year 1988 the Petitioner had also filed O.L. R. Case against opp. party No. 1 and Ors. before the Tahasildar and Revenue Officer, Kendrapara and the Revenue Officer in O.L. R. Case No. 3 of 1988 declared the Petitioner as a Bhag tenant under the opp. party-landlord T.K. Bhoiuriik and Ors. In the year 1988 the Petitioner had also filed O.L. R. Case against opp. party No. 1 and Ors. before the Tahasildar and Revenue Officer, Kendrapara and the Revenue Officer in O.L. R. Case No. 3 of 1988 declared the Petitioner as a Bhag tenant under the opp. party-landlord T.K. Bhoiuriik and Ors. on payment of bhag dues in respect of Ac.9.17 decs.of land, which is the other part of the disputed property? Thus, for a part of the property, the Civil Suit was pending and an order of injunction was issued by the Civil Court whereas for the rest of the properties, the Petitioner was declared as tenant and, therefore, it is the' contention' of the learned Counsel for the Petitioner that the initiation of a 144, Cr. P.C. proceeding and the order restraining them has been passed because of suppression of real and material facts. It is further submitted that in the previous years also the opp. party resorted to the same method in obtaining order of restraint u/s 144. Cr. P. C: suppressing the material facts and in the process has misappropriated the usufructs and the crops raised at the toil and labor of the Petitioner. Further a 107, Cr. P.C. proceeding is also pending against the opp. parties. Learned Counsel submits that in the aforesaid background of the case, even though the present petition has become in fructuous by efflux of time, this Court should consider the case and make observation with regard to the scope and power of the learned Executive Magistrate to issue Section 144, Cr. P.C. order in such situations. 4. Law is well settled that power u/s 144, Cr. P.C. vested with the Magistrate are intended to be exercised sparingly in case of urgency of situation for prevention of imminent breach of public peace and tranquility. Such is an executive order passed in due performance of an executive function where there is no question of adjudication of right or title between the parties. The foundation of 'an order u/s 144, Cr. P.C. IS the satisfaction of an Executive 'Magistrate with regard to urgency of the prevailing situations and that power is only to be exercised for preventing imminent breach of public peace and disturbance of tranquility. However, the scope of an order contemplated u/s 145, Code of Criminal Procedure. The foundation of 'an order u/s 144, Cr. P.C. IS the satisfaction of an Executive 'Magistrate with regard to urgency of the prevailing situations and that power is only to be exercised for preventing imminent breach of public peace and disturbance of tranquility. However, the scope of an order contemplated u/s 145, Code of Criminal Procedure. is specific with regard to and arising" out of a dispute concerning land and water, leading to and apprehended to be resulting in breach of peace and tranquility of the public. It is only to determine only the possession of the party and consequential right to remain in possession till the right, title or interest to possess of the property is determined by a competent Civil Court. The resort to chit's forum in the Criminal Court cannot be for the purpose of defeating the determination made by the Civil Court. In any event the Executive Magistrate before exercising powers u/s 144. Cr. P.C. has to record his satisfaction with regard to existence of the condition for issuance of any such order of restraint and not as of cause or for mere asking for it. Thus when there was a bona fide claim of right by both the sides and claim of possession of disputed properties, it was incumbent upon the learned Magistrate to enquire and be satisfied about the existence of necessary ingredients of the provision and the existence of emergent situation for such an order of restraint. The Magistrate was also required to consider the fact situations of the case and has to be prima facie satisfied himself as to whether or not any order of restraint or otherwise is needed to be passed to prevent an imminent breach of public peace and tranquility and as to which of the Section 144 or 145, Cr. P.C. has to be resorted to. In any event the Executive Magistrate should keep in mind the statutory principle of law that the process of law cannot be allowed to be utilized for oblique purpose by any interested party. The Criminal Misc. Case is disposed of with the aforesaid observations. Criminal Misc. Case disposed of.