Magistrate Not Required To Pass Preliminary Order U/S 145 CrPC When Inquiry Is Directed By HC Or SC.

According to the Bombay High Court, the Magistrate is not required to issue a separate preliminary order under Section 145(1) if the High Court or the Supreme Court specifically directs an inquiry under Section 145 of the Code of Criminal Procedure [Section 164 in the BNSS]. The Court noted that, in such situations, the satisfaction regarding the existence of a dispute likely to disturb the peace has already been recorded by the higher court, and the Magistrate is only responsible for conducting the instructed investigation. Justice Amit Borkar was hearing a criminal revision application filed by Romell Housing LLP and its partner Jude Romell, challenging the order dated 4 August 2022 passed by the Additional Sessions Judge, which had set aside the Metropolitan Magistrate's order under Section 145 CrPC. By order dated 21 December 2019, the Magistrate had previously determined that the applicants owned the disputed land at Dahisar and instructed the Court Receiver to transfer possession to them. However, the Sessions Court overturned the order. The court pointed out that proceedings under Section 145 of the Criminal Procedure Code are preventative, brief, and not meant to settle title disputes. Instead, their purpose is to maintain peace and order in the community. The Magistrate is entitled to act on material having reasonable probative value and is not bound by strict technical rules of evidence.