IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9574 of 2010 GULAM HAIDAR, SON OF LATE TAUKIR HUSSAIN, R/O VILLAGE – BHAWARAJPUR, P.S. ANDAR, DISTRICT – SIWAN ……………………………………….. PETITIONER Versus 1. THE STATE OF BIHAR, 2. MD. ALI, SON OF LATE MANSOOR HUSSAIN, R/O VILLAGE - BHAWARAJPUR, P.S. ANDAR, DISTRICT – SIWAN …………………………….. OPPOSITE PARTIES. ----------- 2. 19.03.2010. In this application preferred under Section 482 of the Code of Criminal Procedure (for short `the Code’), assail is to the order dated 16.02.2010 passed by the Additional District & Sessions Judge (Fast Track Court No. V), Siwan in Cr. Revision No. 195/2008 whereby he has affirmed the order passed in Misc. Case No. 1017/2008 wherein the learned Sub-Divisional Magistrate, Siwan Sadar has dropped the proceeding under Section 145(5) of the Code. I have heard Mr. Ajay Kumar Pandey, learned counsel for the petitioner and Mr. Nirbhay Kumar Singh, learned counsel for the State. To appreciate the contentions raised by the learned counsel for the petitioner, I have carefully perused the order dated 16.02.2010 passed in Cr. Revision No. 2 195/2008. The revisional court has taken note of the rivalised submissions that earlier a proceeding under Section 145 of the Code was initiated between the opposite party and the father of the petitioner and the learned Executive Magistrate has expressly stated that the land in question, which has been pleaded not to be the disputed land in the earlier case really was a matter of dispute in the said case. Being of this view, the Magistrate has dropped the proceeding. It is worth nothing the revisional court has also expressed the view that it is open to the petitioner to take recourse to appropriate civil action, as advised in law. Regard being had to the factual matrix and the order passed by the forums below, I am of the considered opinion that the petitioner is at liberty to initiate a civil action for establishment of his right, title, interest and possession, as advised in law. Hence, I decline to interfere. In the result, the application, being devoid of merit, stands dismissed in limine. Dilip ( Dipak Misra, C.J. )