Tarkeshwar Nath, J.

1. This is a reference by the first Additional Sessions Judge, Monghyr, for revising the order dated the 14th December, 1963, and the order dated the 4th January, 1964. passed by the Magistrate in a proceeding under Sec.145 of the Code of Criminal Procedure.

2. The facts giving rise to this case are these. On the police report, dated, the 16th June, 1962, that there was dispute likely to cause a breach of the peace between the first and second parties in respect of 8 kathas 19 dhurs of land bearing plots Nos. 179 and 185 of holding No. 110, in village Sarauna, a proceeding under Sec.144 of the Code of Criminal Procedure was drawn up on the 5th July, 1962, and both parties were restrained from going on the disputed land. They were asked to show cause and they filed petitions showing cause. Some documents as well were filed in that proceeding.

This proceeding was, however, converted into one under Sec.145 of the Code by or der dated the 3rd September, 1962. On the same day, the Magistrate attached the land in dispute till the disposal of the proceeding. The parties were asked to file written statements; and the second party filed written statement on the 1