Palok Basu, J. - (1.) Heard Sri Jagdish Prasad, Learned counsel for the applicant and Sri Dhananjai Prasad, learned counsel for the opposite parties.
(2.) On being satisfied with the police report that proceedings under Section 145 Cr. P.C. should be initiated relating to the plots referred to in the police report the S. D. M. Soraon instituted proceeding under Section 145 Cr. P.C. which became subject-matter of case No. 37 of 1991 of his court. Subsequently, however, an order has been passed under Section 146 Cr. P.C. on 11-2-1991 which has been challenged in this proceeding under Section 482 Cr. P. C.
(3.) It is not disputed that the applicant Ram Autar and opposite parties Ram Lal, Babu Lal, Saliq Ram and Jeot Lal are brothers. From the allegations it appears, subject to what may be determined by the competent court, that the property may have been ancestral. The questions on merits about the continuance or otherwise of the proceedings under Section 145 Cr. P. C. are not relevant here and are not being decided. The Magistrate will decide those questions in accordance with law at the appropriate stage.;