L. MOHAPATRA, J.

( 1 ) THIS revision is directed against the judgment and order dated 23-1-2003 passed by learned Sessions Judge, Cuttack in Crl. Revision No. 2/2002 directing the Executive Magistrate to convert the proceeding to one u/s. 145, Cr. P. C. and conduct an enquiry with regard to possession over a drain by either of the parties to the proceeding with some further directions with regard to repair of the drain. As it appears from the record, the dispute arose between the parties when the opp. party after construction of a two storied building in the year, 2002 tried to discharge foul water through fibre pipes on the southern side of her boundary wall to the land of the petitioners and also tried to choke the flow of the water in the drain belonging to the petitioners as a result of which the petitioners were forced to divert their drain water to the western side of their house constructing another drain. When the opposite parties tried to release the foul water from her premises to the land of the petitioners through a hole, the petitioners filed a proceeding u/s. 144, Cr. P. C. for restraining the opposite parties from releasing the foul water to the land of petitioners a