IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.12325 OF 2008 RAJ NANDAN PRASAD, SON OF LATE SAUDAGAR PRASAD, RESIDENT OF VILLAGE GOITHADIH, POLICE STATION AND DISTRICT NAWADA VERSUS 1. THE STATE OF BIHAR 2. SMT. KALAYANI SINHA, WIFE OF LATE NARESH KUMAR SINHA AS ALLEGED RESIDENT OF VILLAGE FOITADIH, POLICE STATION NAWADA, DISTRICT NAWADA PERMANENTLY RESIDING AT KRISHNA NAGAR, HOUSE NO. M-15, PATNA …………………………………………………….OPPOSITE PARTIES ******** 2 14/07/2009 Heard learned Counsel for the petitioner and the Counsel appearing on behalf of the State. The petitioner challenges the order by which a proceeding under Section 144 of the Code of Criminal Procedure has been converted into a proceeding under Section 145 of the Code of Criminal Procedure. There are two grounds for challenge. It is firstly submitted that Annexure-2 which is the application given on behalf of the Opposite Party admits that the petitioner Raj Nandan Prasad is in possession of the said land. However, this Court does not find the contention of the petitioner correct in view of the fact that the same document shows in the margin where the description of the land has been given, that Raj Nandan Prasad has forcibly cultivated the lands in question. The second objection taken by the petitioner is that the notices issued in the proceeding under Section - 2 - 145 of the Code of Criminal Procedure is vague inasmuch as it does not give the boundaries of the lands which are the subject matter of the proceeding under Section 145 of the Code of Criminal Procedure. In the result, I quash the notice Annexure-2/A and remand the matter back to the Sub Divisional Magistrate, Rajauli (Nawada) to pass an appropriate order regarding this aspect of the matter. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )