This application is directed against the order of the learned Subdivisional Magistrate of Patna City dated the 21st April, 1970. The impugned order came to be passed under the following circumstances.

2. On the 25th September, 1969 the opposite party, Sakal Mahto, filed a petition before the learned Sub-divisional Magistrate for taking action against the petitioner under section 144 of the Code of Criminal Procedure (hereinafter referred to as the Code) on the ground that he was in peaceful possession of the disputed lands but the petitioner with ulterior motive had been creating trouble and mischief and so there was a serious apprehension of the breach of the peace and of overt act. This petition of the opposite party was referred to the police for inquiry and report. The police submitted a report to the effect that the claim of the first party was frivolous. After the receipt of the police report the learned Sub-divisional Magistrate recorded an order on the 2nd of February, 1970 for drawing up a proceeding under section 144 of the Code against both the parties. Both the parties filed their respective show cause petitions before the learned Sub-divisional Magistrate