RAM LOCHAN MISHRA Vs. JIBESHWAR JHA

JUDGEMENT

(1.) This is an application for the purpose of quashing an order by which a proceeding Under Section 144 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been converted into one Under Section 145 thereof.

(2.) It appears that one Bishnu Jha, a member of the Executive Committee of the Mukhiya of Gram Panchayat Raj Keoti made a report to the Sarpanch of an apprehension, of breach of peace arising out of a dispute in respect of certain lands between the petitioners and the opposite party, as a result of which the Sarpanch made an enquiry on the 11th of February, 1976, and finding that there was apprehension of breach of peace, acting Under Section 64 of the Bihar Panchayat Raj Act, hereinafter referred to as the Act, directed the petitioners to abstain from going over the disputed lands until the 25th of February, 1976 on which date they were asked to appear before the Subdivisional Magistrate. The Sarpanch made a report to the Magistrate stating the aforesaid facts and further recommending that a proceeding Under Section 144 of the Code be drawn up. The Subdivisional Magistrate, thereupon, on the 25th of February, 1976 started a proceeding Under Section 144, Subsequently by the impugned order he converted the proceeding into one Under Section 145 of the Code.

(3.) Learned Counsel for the petitioners has contended as follows :