IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26574 of 2009 1. Parsuram Diswa, son of Late Duja Diswa, 2. Jagdiswa, son of Roan Diswa, both of village Tara Basawariya, PS and Anchal Gaunaha, District West – petitioners. Vs. 1. The State of Bihar, 2. The Subdivisional Magistrate, Narkatiyaganj, Dist. West Champaran. 3. The Anchal Adhikari, Anchal Gaunaha, Dist. West Champaran. 4. Yogendra Sah, son of Late Kamal Sah, village Tara Basawwariya, PS Gaunaha, district West Champaran – opp. parties. 2 16.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 22.8.2008 passed by the Subdivisional Magistrate, Narkatiya Ganj, in Case No. 1107(M)/2008 and for quashing the consequential order, dated 13.10.2008. The order, dated 13.10.2008 has been challenged on the ground that the court should consider the provisions of 146(1) Cr.P.C. before instituting a proceeding. Fifteen days prior to the passing of the order under section 145 of the Cr.P.C. the proceeding under section 144 Cr.P.C. was dropped between the parties as it crossed the period of 60days imposed by the section. The court has thereafter started a proceeding under section 145 Cr.P.C. on the application filed by the Ist party which has resulted into passing of the impugned order. The order, dated 13.10.2008 does not indicate that the court had any reason to believe that there was any eminent danger which was likely to result in breach of peace. It is submitted that without calling for any report from the police and without considering any material, the court has appointed a received for the agricultural 2 land which is the subject matter of dispute. Ordinarily this court should have noticed the opposite party to appear in this case. However, considering that a receiver has been appointed and the opposite party may also be aggrieved by appointment of a receiver, this court is passing the following orders. The Subdivisional Magistrate, Narkatiya Ganj is directed to proceed in 145 Cr.P.C. matter and conclude it within six months. The parties should not be given unnecessary time for delaying the proceeding. As far as proceeding under section 146(1) Cr.P.C. is concerned, the court may call for a report from the concerned P.S. and after hearing the parties and on receipt of the report pass a fresh order within one month from the date of receipt of a copy of this order. In the mean time the order, dated 13.10.2008 shall remain in force inasmuch as the parties may require to refrain from entering upon the lands which may lead to further dispute. This application is disposed of with the aforesaid directions. Counsel for the petitioner may deposit the cost of fax by 19.3.2010 for communicating this order to the court concerned failing which this application shall stand dismissed without further reference to a bench. haque (Sheema Ali Khan, J.)