Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13748 of 2011 ====================================================== Navkant Jha .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rana Pratap Singh, Sr. Adv. Mr. Rakesh Kumar, Adv. Mr. Sumkant Singh, Adv. For Opposite Party No.2 : Mr. Akhileshwar Prasad Singh, Sr. Adv. Mr. Sunil Kumar, Adv. Counsel for the Intervenor : Mr. Sanjay Kumar Tiwary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13 30-10-2012 Heard learned counsel for the petitioner, for the O.P.No.2 and for the State. In this case, petitioner is challenging the order dated 7th December 2010 by which the Sessions Court has directed a measurement of the land by the Anchal Amin in presence of both the parties and in presence of Anchal Adhikari and after the measurement, gave liberty to get the auction amount deposited in the Nazarat till adjudication of the case between the parties in the proceeding [STATUTE] ani affirmed the order dated 17th February 2010. During the pendency of this application, a supplementary affidavit has been filed on behalf of petitioner bringing on record Annexure-21 which is the notice issued by the Anchal Adhikari, Patna High Court Cr.Misc. No.13748 of 2011 (13) dt.30-10-201 2 / 22 2 Phulparas to both the parties and, accordingly, after proper notice to the parties, Anchal Amin did the measurement of the disputed plot and submitted his report vide Annexure-22. In view of subsequent development, this Court does not feel inclined to pass order on merit but gives direction to the authority concerned to pass the order in view of the report submitted by the Anchal Amin subject to the objection filed by the O.P.No.2 for getting the matter adjudicated. This Court gives a direction to the court below to adjudicate the dispute on merit in that circumstance. Counsel for the auction purchaser appeared before this Court and has raised grievance that he has deposited the auction amount without having the property in his possession. The auction purchaser, if so advised, will have the liberty to withdraw the auction money deposited by him. With this observation, this petition is disposed of. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 145

Statute Text:
Section 145 of the Indian Penal Code. Joining or continuing in an unlawful assembly, Knowing that it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.