13. There is an yet another decision in A. Baskara Narayanan v. So. Murugesan reported in 2004-1 LW Cri 287 : 2004 Cri LJ 91 wherein it has been held as follows:
9. It is very much pertinent to refer to the verdict of this court in BASKARA NARAYANAN,A. v. So.MURUGESAN (2003(4) CTC 547) and also in THAMARAIAMMAL v. EXECUTIVE MAGISTRATE-CUM-REVENUE DIVISIONAL OFFICER (2007 Crl.L.J. 1885) wherein this court has declared that passing of a preliminary order under section 145(1) of the Code of Criminal Procedure is a mandatory requirement beforeever proceeding further to pass final order. Therefore, it is found that the impugned order passed by the Executive Magistrate is not sustainable in the eye of law.