This petition was filed under Section 482, Cr. P. C. for quashing of the final order passed in a proceeding under Section 145, Cr. P. C. on an earlier date of hearing i. e. 13-9-90, an application was move by the applicants for converting the present petition under Article 226 of the Constitution of India in view of the Full Bench decision of this Court given in case of H. K. Rawal v. Midhi Prakash, 1989 ALJ 73. The applicants have supplied requisite court-fee. The application was allowed and the petition has been heard as a writ petition.

2. The Police of P. S. Balua gave a report on 22-6-79 before the S. D. M. Chandauli, Varansi that there was apprehension of breach of peace between the petitions on the one hand and respondent Nos. 2 to 4 on the other hand, with regard to possession over certain immovable property. On being satisfied that there was apprehension of breach of peace, learned S. D. M. passed a preliminary order under Section 145 (1), Cr. P. C. on 28-6-79 and directed the parties to appear on 4-7-79 and lead evidence in support of their claim. The disputed property was described as plot No. 780/2, Bamboo clumps situate in plot No. 780/3, plot No. 763