JUDGMENT :

Misra, J. - Some of the members of the second party are Petitioners. The member first party filed an application on 20-11-1965 that the second party members should be restrained from entering upon the disputed land u/s 144, Code of Criminal Procedure as he was in possession and the second party members were trying to disturb his possession leading to apprehension of breach of the peace. An ex parte order u/s 144, Code of Criminal Procedure was issued. On 15-1-1966 the member first party filed an application that the second party members were violating the order u/s 144, Criminal Procedure Code. This was sent for inquiry to the police who reported on 16-1-1966 that the second party members were in possession. On 18-1-1966 the learned Magistrate passed an order converting the proceeding u/s 144, Code of Criminal Procedure into one u/s 145, Criminal Procedure Code. Against this order the revision has been filed.

2. Mr. P.V. Ramdas contended that when the police reported that the second party members were in possession, the proceeding u/s 144, Code of Criminal Procedure should have been dropped and it should not have been converted into one u/s 145, Criminal Procedure Code. Fi