1. This is a petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order of the Sub-Divisional Magistrate, Arrah dated the 14th of March, 1975 drawing up a proceeding under Sec.145 of the Code by converting a proceeding under Sec. 144 into one under Sec.145 and attaching the lands in dispute under Sec.146(1) of the Code.

2. Petitioners Mahammad Muslehuddin and Mohammad Nayeemuddin and the opposite party Mahammad Salahuddin are full brothers. Their father Abdul Heyat died on the 14th of February, 1975.

Abdul Heyat is said to have executed a will and thereafter made a gift of his properties in favour of the petitioners on the 27th of January, 1975. The opposite party filed a petition before the Sub-Divisional Magistrate on the 1st of March, 1975 for action under Sec.144 of the Code. He alleged in the petition that on the death of his father Abdul Heyat he and the petitioners inherited all his properties and came in possession of the same. It was also alleged that the opposite party being the eldest son was in actual possession of the lands left by Abdul Heyat and was managing and controlling the same. It was fur