RAM NARAYAN LAL and BHUVANESHWAR PRASAD JJ.

1. This is an application filed by the second party to a proceeding under Section 145 of the Code of Criminal Procedure, 1973 (hereafter referred to as the Codes. It has been filed under Articles 226 and 227 of the Constitution of India. It is directed against the entire proceeding of the Case No. M-760 of 1966 under the aforesaid provisions of law pending in the Court of the Sub-divisional Magistrate, Chapra.

2. It appears that a proceeding under Section 144 of the Code was started on 24-6-1966 before the Sub-divisional Magistrate, Chapra, regarding 15 Kathas and 1/2 Dhurs of land in Plot No. 80 under Khata No 73 situated in village Dhane Chapra, P. S. Dhariapur, District Saran. Later on the same was converted into a proceeding under Section 145 of the Code on 23-7-1966 and the parties were asked to file their written statements, documents and affidavits. Thereafter, the Magistrate on 7-4-1967 declared the possession of the first party (Respondent No. 2) over the disputed land.

3. Being aggrieved by this order the petitioners came to this Court in Criminal Revision No. 1448 of 1969. This Court remanded back the case to the Court