M.Murugan vs The Sub Divisional Magistrate And on 28 October, 2013
10.The impugned order is also challenged on yet another ground i.e. for want of preliminary order under Sub section (1) of Section 145 Cr.P.C. As rightly argued by the learned counsel for the petitioners, the Executive Magistrate has not passed any preliminary order under Section 145(1) Cr.P.C thereby satisfying himself regarding existence of dispute, that is likely to cause breach of peace in his jurisdiction. The police report was followed by the issuance of summons to both the parties, the copy of which is enclosed at page 84 of the typed set and the same was followed by enquiry, outcome of which is the final order. Neither the preliminary order nor the final order would disclose any specific finding regarding existence of such state of affairs which is likely to lead to law and order problem. The Division Bench and the learned brother judges of our High court in the following decisions, held that the final order is vitiated for non passing of any preliminary order under Sub Section (1) of Section 145 Cr.P.C: (i)2003 Crl.LJ 3820 (M.Krishnamoorthy v. P.M.Neelamegham and others) (DB) (ii) (2007) 1 MLJ 928 (Thamaraiammal and another v. Executive Magistrate cum Revenue Divisional Officer, Chengalpattu and another and (iii)(2008) 2 MLJ 114 (Lalitha Narayan and another v. Latha Barathan and others).