Consider the following statements: 1. The words in section 145 are mandatory 2. The words in section 145 are discretionary 3. The proceedings under section 107 can be converted under section 145 4. The proceedings under section 107 cannot be converted under section 145. Which of the statements given above are correct?
Explanation:
Section 145 of the CrPC uses the word 'shall,' indicating that once the Magistrate is satisfied that a dispute likely to cause a breach of peace exists concerning immovable property, they are mandated to make an order in writing. Thus, statement 1 is correct. While Section 107 and Section 145 proceedings are distinct, courts have held that if the primary cause of the apprehension of a breach of peace is a dispute over immovable property, the Magistrate should proceed under Section 145. In such cases, proceedings initiated under Section 107 can be effectively dealt with under Section 145, or the Magistrate may initiate Section 145 proceedings. Thus, statement 3 is also considered correct in practice.