NAGENDRA PRASAD SINGH, J.

1. This application in revision is directed against an order, dated the 28th March, 1972, passed by the acting Sub-Divisional Magistrate, Siwan, purporting to convert in proceeding under Sec.144 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the "Code") into one under Sec.145 of the Code. The petitioners were members of the second party to the said proceeding.

2. It appears that, on the 30th October, 1971, the members of the first party-opposite party filed a petition before the Sub-Divisional Magistrate for action under Sections 107 and 144 of the Code against the petitioners, alleging, inter alia, that the petitioners were persons of desperate character and they were trying to take forcible possession of the lands of Khata No. 56, which were in peaceful possession of the opposite party. In the said petition they set out in detail their claim over the plots in question. The Sub-Divisional Magistrate sent the said petition to the local police for inquiry and report. After inquiry, the police submitted a report. On the 25th January, 1972, the Sub-Divisional Magistrate passed an order saying that from the petition filed by the me