1. This application under ss. 397 and 401 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 26-7-1997 passed in Cr. Revision No. 1/97/19/97 by Shri Binod Mohan Prasad, 2nd Additional Sessions Judge, Jehanabad through which the order passed by Shri S. Shah, Executive Magistrate acting as Sub-Divisional Magistrate, Jehanabad in Case No. 193 (M)/97, dated 25-2-1997 was set aside.

2. On the strength of a report dated 13-2-1997 submitted by the Anchal Adhikari, Jehanabad a proceeding under S. 144 of the Code was started on 15-2-1997 by the Sub-Divisional Officer, Jehanabad against both the parties with respect to 37 decimals of land bearing Plot No. 346, Khata No. 94 of Village Umta Police Station and District Jehanabad. In the said report the Anchal Adhikari had stated that 8 bags of cement of petitioner No. 2, Uday Shanker, was lying in the room at the disputed land. When the Anchal Adhikari returned from the site the lock of the aforesaid room was broken and the cement was removed by opposite party No. 1, Md. Allauddin. The Anchal Adhikari brought this fact to the notice of the Sub-Divisional Magistrate vide his Memo No. 146 dated