Jodhpur, Aug. 2 -- The Rajasthan high court held that the initiation of proceedings under Sections 145 (procedure where dispute involving land or water is likely to cause breach of peace) and 146 (power to attach subject of dispute and appoint receiver) of the Code of Criminal Procedure (CrPC) in a property dispute was unwarranted and amounted to misuse of the legal process, in the absence of any actual or imminent breach of peace. Dismissing a revision petition filed by a trust against the 2004 order of the additional sessions judge, Bali, justice Farjand Ali upheld the lower court's decision to set aside the order of the sub-divisional magistrate (SDM) dated March 30, 2001, which had directed attachment of the disputed land and appointment of a receiver under Section 146 of the CrPC. The bench emphasized that "before initiating a proceeding under Section 145 CrPC or moving an application under Section 146(1) of the CrPC, circumstances suggesting imminent danger of breach of peace or like circumstance to presume instant threat to public peace and tranquility has to be shown with the assistance of cogent and reliable material"....