1. This Rule is directed against an order passed by the Deputy Magistrate of Mymen singh u/s 145, Criminal Procedure Code. Though it appears
there was no absence of jurisdiction in the initiation of those proceedings, the Magistrate, when he found that there was actually no apprehension of
the breach of the peace, was bound to cancel the initial order and stay all further proceedings under clause 5 of Section 145, Criminal Procedure
Code. The apprehension of a breach of the peace is the first condition necessary to give the Magistrate jurisdiction under this Section, and if it is
found there is no longer any such apprehension the Magistrate''s jurisdiction ceases. We accordingly make this Rule absolute and set aside the
order complained of u/s 145, Criminal Procedure Code.