( 1 ) THIS quashing application under Section 482 Cr. P. C. is directed against the order dated 1-4-1998 passed in complaint case No. G. , 52/98, whereby and whereunder the learned CJM took cognizance of the offence under Section 188, IPC.

( 2 ) FACTS briefly stated are that a proceeding under Section 144 Cr. P. C. was initiated on the basis of an application filed by the opposite party No. 2 on the land in plot no. 62 of khata No. 24 of village Korra, district Hazaribagh and later on by amendment plot Nos. 61, 63 and 64 were also included in the proceeding. It was alleged on behalf of the opposite party No. 2 that on 26-10-1996 the petitioner, on the basis of fraudulent document, had started demarcating the land in plot No. 62, which necessitated initiation of a proceeding under Section 144 Cr. P. C. In the said application there was no allegation that there is any apprehension of breach of peace, which is the essential ingredient of drawing of proceeding under Section 144 Cr. P. C. However, a proceeding under Section 144 Cr. P. C. was drawn up in Misc. Case No. 161/96 in the Court of SDM, Hazaribagh. It is stated that notice was served on the petitioner but it is said