S. H. S. Abidi, J.

1. Criminal Revision No.1056 of 1983 has been filed by Gaud Shanker Jha and others (first party) against Chinta Nath Jha and others (second party) against the order dated 5-10-1983 passed by Sri R. N. Shashtri, Executive Magistrate, Djgghar who refused to take action under section 188 of the Indian Penal Cods (for short I. P. C.) agaiast the 2nd party by taking aid of Sec.195 (1) (a) of the Code of Criminal Procedure (for short Cr. P. C.) for violation of the order of attachment under Section 146 (1) Cr. P. C. , by putting a Gumti on the attached land. Cr. Rev. No.906 of 1988 has been filed by the second party Chitanath Jha against the first party Gauri Shankar and others, challenging the order passed by the Judicial magistrate making observation that the complaint filed by the second party under Sec.447 I. P. C. against the first party Gaurishankar Jha and others on 12-8-1988 was not maintainable, as action under Sec.188 I. P. C. should have been taken by the Court and further the learned Magistiate by the same order has acquitted the accused persons of the charges under Section 447 I. P. C. Since the parties are common and the land in dispute is same, s