Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10702 of 2011 ====================================================== 1. Balchand Yadav S/O Late Khobhari Raut, Resident Of Village- Sherpur, P.S.- Matiyariya, Distt.- West Champaran 2. Ramprasad Yadav S/O Balchand Yadav, Resident Of Village- Sherpur, P.S.- Matiyariya, Distt.- West Champaran 3. Ramashish Yadav S/O Balchand Yadav, Resident Of Village- Sherpur, P.S.- Matiyariya, Distt.- West Champaran 4. Prakash Yadav S/O Balchand Yadav, Resident Of Village- Sherpur, P.S.- Matiyariya, Distt.- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary 2. The Officer Incharge, Matiyariya Police Station, Distt.- West Champaran 3. Ramdhari Pd. Yadav S/O Late Nawal Pd. Yadav, Resident Of Village- Sherpur, P.S.- Matiyariya, Distt.- West Champaran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 02-11-2012 Heard learned counsel for the petitioners and learned counsel for the State. In this case, petitioners are challenging the order dated 29.8.2009 passed by the court below on the basis of Police report and property has been attached as provided under section 146(1) Cr. P.C. The proceeding [STATUTE] r dated 9/4/2009. The proceeding [STATUTE] Patna High Court Cr.Misc. No.10702 of 2011 (4) dt.02-11-2012 2/3 application [STATUTE] (1) Cr. P.C. was filed for attachment of the property but the court below refused to attach the property as there was no report of emergency and the court below vide order dated 29.8.2009 refused to attach the property but it appears that the Police submitted the report dated 26.10.2010 where the Police had shown both parties having a muscle power could clash in connection with crops that had been grown which might lead to untoward incident giving example of another case and requested for attachment of property and appointment of receiver. After considering the report, the S.D.M. vide order dated 29.9.2010 attached the property in question. The counsel for the both side are not in a position to give clear picture of the stage of the proceeding. As it is a proceeding under 145 Cr. P.C. pending since 2009 will decide the possession of the party and as such, in stead of deciding the case on merit it is desirable to give direction to the learned S.D.M., Narkatiyaganj, West Champaran to decide the case [STATUTE] ixed time. It is expected that the Magistrate will see to it that the proceeding be concluded within six months from the date of production of copy of this order. If any party fails to co-operate in the proceeding in that circumstance. The S.D.M. will be at liberty Patna High Court Cr.Misc. No.10702 of 2011 (4) dt.02-11-2012 3/3 to conclude the proceeding ex-parte. If any case, the S.D.M. fails to decide the case within aforesaid time, both parties will have a liberty to take appropriate step in accordance with law. Accordingly, this petition is disposed of. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 146

Statute Text:
Section 146 of the Indian Penal Code. Rioting. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.