Anand Prasad Sinha, J.

1. This application is directed against the order dated 17.4.1982 passed by the Sub-divisional Executive Magistrate, Sikrahana at Motihari, intitiating a proceeding under Sec.145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code).

2. Earlier there was a proceeding under Sec.144 of the Code which had been initiated on 15.12.1981 in between the parties, in which the petitioners were the members of the first party and the opposite party to this application was the member of the second party. That proceeding was decided on 11.2.1982, and the rule was made absolute against the opposite party.

3. Thereafter, it appears that on 15.2.1982, a petition was filed by the opposite party before the Sub-divisional Executive Magistrate stating therein that there was a land dispute giving rise to the apprehension of breach of the peace. That petition was sent to the police for enquiry and report. On receipt of police report, the learned Subdivisional Executive Magistrate started a proceeding under Sec.144 of the Code on 24.2.1982.

4. By the impugned order, this very proceeding has been converted into a proceeding under Sec.145 of the Code.

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