Sinha, J.

1. The learned Sub-divisional Magistrate of Aurangabad has drawn up a proceeding under Sec.107, Criminal P. C. against the petitioners, who were second party to the proceeding. This application is directed against that order for quashing the same.

2. It is contended by Mr. Haranandan Singh, on behalf of the petitioners, that as the dispute relates to land, Sec.145, Criminal P. C. was the appropriate provision & that if proceedings had to be started under Sec.107 of the Code, the proceedings should have been started against both the parties. The opposite party urges that there is absolutely no dispute about the possession of any land and that the petitioners have for some other reason taken into their head to disturb the possession of the opposite party and to create troubles.

3. According to the petitioners, Khata Nos. 100, 141, 101 & 142 had been purchased in execution case No. 698 of 1937 by one Mitrajit Singh, a mokarrari-dar & by a sale deed dated 28-3-1940, the said Mitrajit Singh had sold the lands in those khatas to Jugalkishore, father of Harbans, It is to be mentioned that the petitioners (second party to the proceeding) are Amlas and servants of Harbans.