I.P.Singh, J.

1. This is an application under sections 397 and 401 of the Code of Criminal Procedure (in short the Code). It is directed against the order dated 25.10.1997 passed in Case No. 916 of 1996 u/s 144 Cr.P.C. Tr.No. 478 of 1997 u/s 145 Cr.P.C. learned Executive Magistrate, Bagaha, District West Champaran by which he dropped the proceeding running under section 146(1) of the Code and set aside the order of his predecessors in office passed on 29.8.1997 attaching the disputed land under section 146(1) of the Code.

2. It appears that the petitioner had filed an application on 3.8.1996 before the learned Sub-Divisional Magistrate, Bagaha for initiating a proceeding under section 144 of the Code with respect to Kheshra Nos. 227, 228 and 231 measuring 19 Kathas 14 Dhurs situated in village-Ojhawalia. In this petition the petitioner claimed that the aforesaid land was mortgaged in favour of his father Deo Nandan Mishra in the year 1966 by one Sakaldeo Mishra of village Mahuwar Tola Ojhawalia, P.S. Samara. Accordingly the possession over the aforesaid land was handed over to the mortgagee Deo Nandan Mishra. On his death the present petitioner being his son is coming in po