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15. It is true that to arrest apprehension of breach of peace and to maintain public tranquillity is within the exclusive domain of Executive Magistrates as well as the District Administration, therefore, in such situation wherever it is brought to the notice of Executive Magistrates that a regular suit is pending before a competent court involving the question of possession and the parties are capable to approach the said competent court to obtain temporary injunction or to get a receiver appointed for protection of property during the pendency of the trial of such suit or it is brought to their notice that the parties had actually approached such competent court and had obtained an interim injunction or had got a receiver appointed for protection of the property during trial of such suit then instead of invoking their jurisdiction under Section 145(1) and 146(1) Cr.P.C. they are under legal obligation to proceed under Section 107 read with 116 Cr.P.C. to arrest apprehension of breach of peace between the parties.

16. In the instant case irrespective of the fact that it was brought to the notice of the learned Executive Magistrate that a temporary injunction has been passed by a competent court he proposed to proceed under Section 145(1) and 146(1) Cr.P.C. to arrest the apprehension of breach of peace instead of initiating proceedings under Section 107 read with Section 116 Cr.P.C. which is perse illegal and tantamount undermining the majesty of rule of law as well as the majesty of the order passed by a competent court which is impermissible.

17. It is made clear that the object of initiation of proceeding under Section 107 read with Section 116 Cr.P.C. is meant to arrest the apprehension of breach of peace between the parties and to maintain the public tranquillity. The mandatory provisions contained under Section 107 Cr.P.C. reads thus--

107. Security for keeping the peace in other cases.--(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, required such person to show cause why he should not be ordered to execute a bond, (with or without sureties) for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

25. Consequently, the order passed by the learned Executive Magistrate on 3.6.95 passing preliminary order under Section 145(1) Cr.P.C. and attachment order on the ground of emergency under Section 146(1) Cr.P.C. are hereby quashed and the instant criminal misc. petition is allowed to prevent abuse of the process of court and to uphold the supremacy of rule of law in a democratic country like ours.

26. Before parting with the order it is observed that if the learned Executive Magistrate is of the opinion that irrespective of temporary injunction granted by competent revenue court there is still apprehension of breach of peace between the parties then in order to arrest such apprehension of breach of peace between the parties he would be at liberty to proceed against the parties under Section 107 read with Section 116 of Cr.P.C.