IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42974 of 2009 Sangram Singh son of Late Janeshwar Singh, resident of village- Paharpura (Sahar Telpa) Police Station- Karpi, District-Arwal, previously Jahanabad …Petitioner Versus 1. The State Of Bihar & 2. Shyam Narayan Singh son of Late Bachhan Prasad Singh, 3. Ranjan Kumar (Dead) (i) Mostt. Ranjit Kumari wife of Late Ranjan Kumar (ii) Rohit Narayan son of Late Ranjan Kumar (iii) Puja Kumari @ Swarna Kumari (Minor) daughter of Late Ranjan Kumar, resident of village-Radhil, P.O. & P.S. Telhara, District- Nalanda, (Bihar) (iv) Lucky Kumari daughter of Late Ranjan Kumar 4. Kunjan Kumar son of Shyam Narayan Singh O.P. Nos.2, 3(i), (ii) and (iv) and 4 are resident of village- Paharpura (Sahar Telpa) Police Station- Karpi, District- Arwal previously Jehanabad …Opposite Parties ----------- 10/ 18.07.2011 Heard the parties. The petitioner seeks quashing of the order dated 14.03.2009 passed by the Sub Divisional Magistrate, Arwal, by which it has attached certain piece of land which was subject matter of Misc. Case No.811 of 2008/ 27 of 2009. It has been submitted on behalf of the petitioner that a partition suit with regard to the same piece of land is going on and, therefore, the present proceeding before a criminal court is completely superfluous. On the other hand, learned counsel for the opposite parties submits that in a case of Syed Zafar Ahsan and others Vs. Babu Jugeshwar Bux Roy and another reported in AIR 1940 Patna 135, it was held that when one party claims exclusive possession while another party claims to be in joint possession along with them is no less a question of disputed actual possession than if each party claimed exclusive possession of the entire area and, therefore, the 2 question falls within the purview of Section 145 Cr. P. C. However, on reading deeply the facts of the case were quite different since it was decided in the background that there had been decree of the Civil Court but later on question of exclusive possession had arisen between the parties. In the present case, Partition Suit is admittedly pending between the parties and, therefore, the appropriate step would be to approach the Civil Court to avoid the danger of two divergent opinions of two courts of competent jurisdiction. In view of such, entire proceeding in Misc. Case No.811 of 2008 / 27 of 2009 pending before the Sub-Divisional Magistrate, Arwal, is hereby quashed. The application stands allowed. JA/- (Anjana Prakash,J.)