ORDER Malik, C.J.
1. A tendency has now grown in this province to use Section 145, Criminal P.C., with the object of getting into possession of the property so that the other side may be driven to figure as a plaintiff and may have to prove his title. The Magistrates seem to have forgotten that Section 145, Criminal P.C., was enacted not with the object of giving one party an advantage over the other but with the primary object of preventing breach of the peace when such breach was apprehended.
2. This reference arises out of an application which was filed as far back as 4th July 1946. There hag been no breach of the peace so far and protracted evidence has been given by both the parties to prove who was in possession of the property. The learned Magistrate has held that there was a likelihood of a breach of the peace and as he was not in a position to hold who was in possession of the property he has attached the property under Section 146, Criminal P.C., and directed the parties to have their rights determined by a civil Court.
3. I see no reason to accept this reference. Criminal Courts are not intended to be a sort of place for a preliminary skirmish so that the successful party may have the advantage of driving the other side to the civil or the revenue Court. During the last few days, I have had a large number of criminal references under Section 145, Criminal P.C., and I have noticed that this tendency to use Section 145 not with the object of preventing a breach of the peace but with the object of getting possession of the property and driving the other side to figure as plaintiff has become very common. The Magistrate must guard themselves against the provisions of the section being thus abused. The reference is rejected.