ORDER

The present petition under Section 482 CrPC has been filed by the petitioner impugning the order dated 11.04.2016 passed by Ld. Sub-Divisional Magistrate (West), Muzaffarpur in Case No. M 251/2016 whereby Ld. Magistrate has converted the proceeding initiated under Section 144 CrPC into one under Section 145 CrPC in regard to landed property bearing Khata No. 258, Khesra No. 3259 measuring total 8 decimal.

2. As per the impugned order, half of the said land in question is in the name of mother of Md. Naushad Alam who is OP No.2 herein and half of the said land comes in the share of Akbar Ali who is petitioner herein. He (the petitioner herein) intends to do construction work over the land resulting into tension between both the parties. As per the impugned order, Ld. Magistrate has held that on account of dispute between the parties in regard to possession of the land in question, there is possibility of breach of peace. Hence, the proceeding under Section 144 CrPC was converted by Ld. Magistrate into one under Section 145 CrPC and invited both the parties to adduce evidence in support of their rival claims.

3. Heard Ld. Counsel for the petitioners and Ld. APP for the State. No b