( 1 ) THIS revisional application arises out of an order passed by the learned Sub- Divisional Magistrate Rampurhat, in a case under section 144 Cr. P. C.

( 2 ) IT appears that on 25. 5. 1985, the opposite party No. 1, Gita Rani Boral, filed a petition under section 144 Cr. P. C. against the petitioner, Nitya Ranjan Dutta, in the court of the learned Sub- Divisional Magistrate, Rampurhat. The learned Magistrate perused the petition and was satisfied about apprehension of serious branch of peace over the possession of shop situated on the disputed plot No. 65 of Mouza Bhadiswar. By that order dated 25. 5. 1985, the learned Sub- Divisional Magistrate, Rampurhat drew up a proceeding under section 144 Cr. P. C. against both the parties, restraining them from entering into the disputed shop complot. The learned Magistrate directed that if aggrieved by that order; the parties could show cause by 15. 6. 1985. The petitioner showed cause on 15. 6. 1985. Prior to the showing of cause by the petitioner, the opposite party No. 1 filed a petition on 3. 6. 1985 for vacating the proceeding against her. The learned Magistrate sent that petition filed by the opposite party No.