IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.545 of 2007 RAMAWTAR JHA Versus THE STATE OF BIHAR & ORS ----------- 3 21.7.2008 Heard learned counsel for the petitioner and learned Additional public prosecutor for the State of Bihar. In the instant writ petition, the petitioner has prayed for restraining the respondents 2nd and 3rd set permanently from interfering in any way the right, title, interest and possession of the petitioner over the lands in question detailed in paragraph 4 of this petition. It is submitted on behalf of the petitioner that in a proceeding under section 145 of the Cr.P.C. his possession has been declared by the SDM, Jhanjharpur under order dated 28.10.2002 which order was set aside by the revisional court under order 19.5.2003, passed in Cr. Revision No. 473 of 2003 as the impugned order was passed ex-parte. However, it had been observed by the learned Sessions Judge that if any side commits breach of peace, the learned Magistrate would proceed against them in accordance with law for maintaining law and order. It is also submitted by the petitioner that he had lodged Jhanjharpur PS case no. 30 of 2003 dated 19.3.2003 for offences under sections 147, 148, 149, 447, 341, 323,379, 504 of the penal code against nineteen accused persons as they had cut his crops standing on his land. He submits that in this case all the accused persons are at large. - 2 - Learned State counsel submits that in the aforesaid case police after investigation has submitted charge sheet no.19/2007 dated 23.6.2007 against 12 accused persons. From the facts of the case, it appears a right of the parties regarding their conflicting claim is yet to be decided by the learned Magistrate. As such, this petition is disposed of with observation that petitioner may file appropriate petition before the learned Magistrate raising his grievances who would proceed with the matter and pass order in accordance with law at the earliest. Shashi. (S.P.Singh,J).