Hari Lal Agarwal, J.

1. The petitioner, who is member of the second party to a proceeding under Sec.145 of the Code of Criminal Procedure (hereinafter referred to as the Code) has filed this application against the order, dated 2nd May, 1979 passed by the Sub-divisional Judicial Magistrate, West Muzaffarpur, whereby he ordered attachment of the land! in dispute on the ground that there was sufficient tention (Kofi Tanav) between the parties and on that account, apprehension of breach of the peace. It has further been observed in the said order that to come to a decision as to which of the parties was in possession of the disputed land, was bound to take certain time on account of the legal difficulties,

2. The order has been impugned by the petitioner on the ground that inasmuch as the facts stated in the order of attachment did not disclose any case of emergency the order of attachment was bad in law.

3. The proceeding in question was initiated on 27-11-1978 on a police report with respect to 1 acre 36 decimals of land. Written statement were filed by both the parties and then on 2-1-1979 the members of the first party filed a petition before the learned Magistrate allegin