Initially this writ application was filed for quashing the entire criminal proceeding of Case No. 125 of 2008 and also Case No. 548 of 2008 initiated under Sections 144 and 107 of the Code of Criminal Procedure respectively by the Sub-Divisional Magistrate, Chatra against the petitioner and his family members and also for quashing of the entire proceeding of ltkhori Police Station Case No. 195 of 2008 instituted under Sections 147, 353 and 504 of the Indian Penal Code against the petitioner and his family members.

2. Subsequently prayer was made by way of interlocutory application for quashing the order dated 14.2.2009 under which the said proceeding initiated under Section 144 of the Code of Criminal Procedure was converted into a proceeding under Section 145 of the Code of Criminal Procedure.

3. It is the case of the petitioner that the petitioner was settled with a land measuring 2 acres appertaining to khata no. 227, plot no. 828 at Village-Gidhore, Police Station-Itkhori, District-Chatra by the Circle Officer, Itkhori in the year 1991. On settlement, the rents were being' paid for which rent receipts were granted and the petitioner came in peaceful possession of the land but in course of time, respondent no. 7, Diliya Devi started attempting to disturb the possession of the petitioner from some portion of the aforesaid land measuring 1.20 acres. Thereupon, the petitioner filed a Title Suit No. 7 of 1999 in the Court of Munsif, Chatra against the respondent nos. 7 to 11 for declaring his right, title and interest and also for confirmation of the possession with respect to the aforesaid land including 1.20 acres of the land. The respondents 7 to 11 contested the suit. However, the suit was decreed on 20.8.2001 in favour of the petitioner by declaring his right, title, interest and also confirming the possession over the said lands. Appeal being preferred by the respondents 7 to 11, vide Title Appeal No. 38 of 2001 got dismissed on 3.2.2003. Against the judgment dismissing the appeal, second appeal was preferred before this Court, vide S.A. No. 200 of 2003 which also got dismissed on 14.7.2004 wherein right, title, interest and possession of the petitioner was affirmed by this Court.

4. In spite of that, when the petitioner started constructing the building over the said land, respondents 7 to 11 again started disturbing peaceful possession of the petitioner and, therefore, the petitioner rushed to the police station for protection of his right, but instead of giving any protection, Itkhori Police started helping respondent no.7 as she had married A.S.l, Laxman Prasad Singh, who at that time was posted in the same (Itkhori) Police Station. Being emboldened with the attitude of the police respondent nos. 7 to 12, put all kinds of disturbance in peaceful possession over the land, though right, title, interest and possession of the petitioner had been confirmed by the civil court and even by the High Court and not only that respondents, particularly respondent no.7 Diliya Devi in order to put pressure to succumb to her desire got the petitioner and his entire family implicated in Itkhori P.S. Case No. 195 of 2008 registered under Sections 147, 149, 353 and 504 of the Indian Penal Code. The respondents being not satisfied with the judgment of a false case even got a proceeding initiated under Section 107 of the Code of Criminal Procedure, vide Misc. Case No. 548 of 2008 and also under Section 144 of the Code of Criminal Procedure on 19.12.2008 in which notices to show cause were served upon the petitioner, though right, title and interest over the said land which was subject matter of the dispute has been confirmed upto the High Court and, therefore, there was no option left with the petitioner but to file this writ application.

5. Learned counsel appearing for the petitioner submits that the proceeding initiated under Section 144 of the Code of Criminal Procedure' was converted into a proceeding under Section 145 and hence, t