IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40500 of 2008 Abdul Rajjak, son of Late Md. Abul Hamid, resident of village-Tetaria, P.S. Dhoraiya, District-Banka. …………………………………………………….Petitioner. Versus 1. The State Of Bihar. 2. Md. Wahid, son of Late Seikh Alauddin, resident of village-Dhoraiya, P.S. Dhoraiya, District-Banka. ………………………………………Opposite Parties. ---------------------------------- 3. 15.12.2011. Heard Mr. Diwakar Prasad Karn, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. For the State. This application, under Section 482 of the Code of Criminal Procedure, is for quashing the order dated 16.2.2008 passed by the Additional Sessions Judge, Fast Track Court-III, Bhagalpur, dismissing the Criminal Revision No.179 of 2007/Tr.No.8 of 2007, as preferred by the petitioner against the order dated 26.3.2007 passed by the Sub Divisional Magistrate, Banka, in Case No.68 of 2007, converting the proceeding of Section 144 of the Code of Criminal Procedure into Section 145 of the Code of Criminal Procedure. From the order dated 26.3.2007 passed by the 2 Sub Divisional Magistrate, Banka, in Case No.68 of 2007, it appears that the Sub Divisional Magistrate, Banka, on perusal of the show cause filed on behalf of the Ist party/opposite party no.2, Md. Wahid and the IInd party/petitioner, Abdul Rajjak, arrived at the conclusion that the dispute appears to be in relation to the possession of the land in between the parties, for which detailed inquiry and evidence are required and, accordingly, converted the proceeding under Section 144 of the Code of Criminal Procedure into proceeding under Section 145 of the Code of Criminal Procedure. The Additional Sessions Judge, Fast Track Court-III, Bhagalpur, has dismissed the Criminal Revision No.179 of 2007 vide order dated 16.2.2008, as preferred by the petitioner against the aforesaid order dated 26.3.2007 passed by the Sub Divisional Magistrate, Banka, in Case No.68 of 2007, finding that the Sub Divisional Magistrate has indicated the ground of his satisfaction about likelihood of breach of peace and has rightly used his discretion. I find no illegality in the order dated 16.2.2008 passed by the Additional Sessions Judge, Fast Track 3 Court-III, Bhagalpur, in Criminal Revision No.179 of 2007/Trial No.8 of 2007 and in the order dated 26.3.2007 passed by the Sub Divisional Magistrate, Banka, in Case No.68 of 2007 for interference with the same in inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. Accordingly, this application stands dismissed. P.S. (Rajendra Kumar Mishra, J)