NAND KISHORE PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for both the parties.

(2.) THIS is an application filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the order dated 6.2.2004 passed by Sri S.N. Kunwar, Sub -divisional Magistrate, Vaishali at Hajipur in case No. MI/1852 of 2003 by which he has converted the proceeding under Section 144 into one under Section 145 of the Code.

(3.) LEARNED counsel for the Opposite Parties submitted that there is bona fide land dispute between the parties and there is apprehension of breach of peace between them and hence the learned Sub -divisional Magistrate was justified in passing the impugned order.