ORDER :- The petitioners have filed this petition for quashing the proceedings in M. C. No. 117 of 1967 on the file of the Sub-Divisional Magistrate (J) Sankari for the reasons mentioned in the affidavit filed by one of the petitioners. The facts which arise on this application are these :

2. The respondent moved the Court of the Sub-Divisional Magistrate. Ex Officio, Sankari, by a petition dated 30-8-1966 under Section 145, Criminal P. C. claiming that certain properties described in the petition belonged to him, that he was in possession of the lands and that the petitioners herein encroached upon his possession.

3. In pursuance of the said petition, the learned Magistrate called for a report from the police and the Sub-Inspector of Police, Sankari, submitted a report on 7-10-1966.

4. The learned First Class Magistrate, Sankari, passed a preliminary order under Section 145 (1), Criminal P. C. and issued notice to both the petitioners and the respondent on 10-4-1967, six months after the report was placed before the Court by the police regarding the likelihood of breach of the peace.

5. Thereupon, the petitioners filed a petition before the Sub-Divisional Magistrate, Sankari