IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43388 of 2007 1. SAKAL DEV SAH 2. Amla Devi ……………………………………………… Petitioners Versus 1. STATE OF BIHAR 2. Jagdish Sah ……………………………………….. Opposite parties ----------- For the Petitioners : Mr Ashok Kumar Jha, Advocate For the State : Mr Dinesh Singh,APP For O.P.No. 2 : Mr Dinesh Jha, Advocate -------- 3. 06.01.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State as also the learned Counsel for opposite party no. 2. In this application under Section 482 Cr.P.C. the prayer is for quashing the order dated 26.12.2006 in Misc. Case No. 466/2006 instituted under Section 145 Cr.P.C. on an application by opposite party no. 2. The further prayer is for setting aside the revisional order dated 13.4.2007 in Cr. Revision No. 19/2007 filed by the petitioners questioning the initiation of the proceedings by order dated 26.12.2006. The controversy relates to alleged encroachment by the petitioner on what is described as government land by opposite party no. 2. It is noteworthy that owner of the lands if not complaining and neither has there been any prosecution under the Public Land Encroachment Act. Be that as it may the fact remains that earlier proceedings under Section 144 Cr.P.C. was initiated against the petitioners on an application by opposite party no. 2 leading to initiation of Misc. Case No. 130/260. The opposite party no. 2 refused to participate in the proceedings thereafter despite adequate opportunity. A finding came to be recorded on 27.4.2006 that the petitioners were the lawful settle of the lands in question in pursuance of Bandobasti Case No. 33/97-98 and that he had made residential construction thereupon., It is not in dispute between the parties that this order dated 27.4.2006 has attained finality inter parties and has not been questioned before any superior court of law. In the facts and circumstances, this application can easily be disposed off by a clarification in context of the revisional order dated 13.4.2007 that the court dealing with the proceedings under Section 145 Cr.P.C., while calling for a report in terms of the order of the revisional court shall adequately take into consideration and consider by a detailed and reasoned order the earlier litigation between the parties in Misc. Case No. 130/2006 and the finding arrived thereunder on 27.4.2006 and which finding has now attained finality. This order shall not be construed in any manner as granting any benefit to the petitioners beyond three and half decimals of lands claimed by them in Settlement Case No. 33/97-98. The application stands disposed with the aforesaid observations. Snkumar/- (Navin Sinha,J.)