1. This application under Section 482 of the Code of Criminal Procedure, 1973 (In short the Code,) has been filed by the second party to the proceeding (M 2689/80) under Section 145 of the Code pending in the Court of Sub-divisional Magistrate, Siwan. It is directed against the order dated 20-1-1990 passed by the learned Sub-divisional Magistrate, Siwan by which the proceeding under Section 145 of the Code was initiated against both the parties with respect of the land in dispute and also for quashing the entire proceeding.

2. It appears that opposite party No.2 had filed a petition before the Sub divisional Magistrate, Siwan impleading the petitioners as the second party and alleging therein that revisionalsurveyplotNo.395, Khata No.171 of Village Ujain P.S. Daramda measuring an area of 5 bighas 2 kathas 3 dhurs was recorded in the revisional survey katian as Sheottar land and was being cultivated by Chandeshwar Singh and five others on Batai basis and the income therefrom was spent on the maintenance for temple and rag bhog of lord Shiva. It was alleged that the present petitioners were lathials and they intended to loot the standing paddy crop from the aforesaid plot whi