Henry Thoby Princep, J.

1. Section 145, Code of Criminal Procedure, requires that inorder to institute proceedings thereunder, the Magistrate shall make an orderin writing stating the grounds of his being satisfied that a dispute likely tocause a breach of the peace exists concerning land, &c, and it alsorequires that before he makes such an order, the Magistrate should be so satisfiedfrom a Police report or other information. The matter has been so frequentlybefore this Court in reported cases that we are much surprised to find thaterrors are still constantly committed which have the effect of rendering nulland void proceedings taken which have occupied Magistrates for several days,and have otherwise been conducted with care. It has been frequently held by,this Court in reported cases that unless a Magistrate complies strictly withthe terms of Section 145 by stating in his written order all the particularsnecessary to enable him to act under that section, his proceedings are. withoutjurisdiction. It is not sufficient, as contended by the learned Counsel beforeus, that the Magistrate should have before him a Police report of this description,and that he should have given orders thereon, that a written order be drawn upwithin the terms of Section 145. It is his duty to draw up or have drawn up anorder which in all respects satisfies the requirements of the law. It isabsolutely necessary, as has been held by this Court, that the written ordershould be correct and complete in its terms. The proceedings must, therefore,be set aside as without jurisdiction.

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Mohesh Sowar and Ors. vs. Narain Bag(05.06.1900 - CALHC)