Jalim Mian, who is the first party in a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as "the Code") in the Court below, has filed this revisional application for quashing of the Magistrate's ORDER :, dated the 22nd April, 1972, whereby he has initiated the proceeding between the parties in respect of the disputed land consisting 2 kathas on the southern side of plot no. 984, under khata no. 132, within Ramgarhwa Bazar, in the district of Champaran (the total area of the plot being 3 kat has 19 dhurs). This proceeding appears to have commenced in the following circumstance.

2. Regarding the disputed land, a proceeding under Section 107 of the Code was stated against the petitioner Jalim Mian. That proceeding was between Jalim Mian, and Raghunath Prasad and others. On the 9th September, 1971, the Magistrate heard Jalim Mian on his petition to start a similar proceeding under Section 107 of the Code against the opposite party Raghunath Prasad and others, as an apprehension of breach of the peace was alleged at their hands also. On that day, the Magistrate called upon the other side to show cause by the 24th September, 1971 why a pro