1. Heard the learned counsel for both the parties.

2. This is an application filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the order dated 6.2.2004 passed by Sri S.N. Kunwar, Sub-divisional Magistrate, Vaishali at Hajipur in case No. MI/1852 of 2003 by which he has converted the proceeding under Section 144 into one under Section 145 of the Code.

3. The contention of the learned counsel for the petitioner is that the petitioner had filed a title partition suit bearing No. 18. of 1966/107 of 1973 in the court of the Subordinate Judge, Hajipur for partition of his half share in the properties mentioned in Schedule I to V-A of the plaint, The suit was decreed in respect of Schedule I property only. He preferred First Appeal No. 39 of 1987 before this Court against the judgment and decree which was admitted on 8.9.1989 for hearing. Thereafter he also got an order of injunction on 1.5.1998 in his favour restraining the Opposite Parties from alienating the Schedule I property. He further submitted that the impugned order would show that the property involved in the proceeding under Section 145 of the Code is a part of