- (1.) HEARD the learned counsel for the parties.
(2.) IN this application the petitioners who are the second parties in the court below in a proceeding initiated under section 145 of the Code of Criminal Procedure, are aggrieved by the order dated 17.2.2001 passed by the learned Sub -Divisional Magistrate, whereby their prayer for dropping the proceeding under section 145 of the Code of Criminal Procedure has been declined. The facts of the case briefly stated are that in the year 1985, initially a proceeding under section 107 of Cr. P.C. was started by the Sub -Divisional Magistrate, Chas between Md. Hasim, Md. Islam and Md. Mobark on one side, as the first party, and Sk. Md. Khalil on the other side, as the second party.
(3.) HOWEVER by order dated 3.1.1986 the learned Sub -divisional Magistrate converted the proceeding into a proceeding under section 145 of the Cr.P.C. after coming to the conclusion that since the apprehension of the breach of the peace was with respect to the dispute between the parties in relation to the possession of over the lands in question and accordingly the parties were issued notice to file their respective written statements and witnesses in support of their claim.;