IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.614 of 2005 MD.RAMZAN ALI & ORS Versus STATE OF BIHAR & ORS ----------- 5. 20.8.2008. This application has been filed for setting aside the order dated 28.7.2005 passed by 3rd Additional Sessions Judge, Naugachhia in Cr. Revision No.309 of 2004 thereby the proceeding initiated under section 145 Cr.P.C. has been set aside. Heard the learned counsel for the parties. The submission of the learned counsel for the petitioner is that the court below has wrongly set aside the proceeding initiated under section 145 Cr.P.C. The land in question is not the residential house of parties. It is a parti land. In support of his submission, he was relied upon the police report (Annexure-1) as also Annexure-2, the order of the learned S.D.M. dated 19.7.2004 initiating the proceeding under section 145 Cr.P.C. On the other hand, the learned counsel for the opposite party submitted that the residential house is standing over the same plot and, therefore, the court below has rightly set aside the order for initiation of proceeding. Considered the submission of the learned counsel for both the parties. Perused the impugned order as also show cause of both the parties, initiation order of 145 Cr.P.C., the police report (Annexure-1) and the order of the Magistrate (Annexure-2). On perusal of the documents, it is quite apparent that the proceeding has been initiated - 2 - N.H./ only over 6 dhurs of the land out of Plot No.834, which is parti land. Under the facts and circumstances, apparently, the order of the court below is wrong. It is based on wrong presumption that the dispute is with regard to residential house. In the result, this application is allowed. The impugned order is hereby set aside and the case is remanded back to the S.D.M. for final decision on the proceeding in accordance with law at the earliest. ( Ghanshyam Prasad )