CRIMINAL MISCELLANIOUS No.9169 OF 2004 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** INDRA BHUSHAN PANDEY S/O CHANDRADEO PANDEY R/O VILLAGE SARAW, P.O. SARAW, P.S. RASULPUR, DISTRICT- SARAN --------------------------(Appellant) Versus 1. THE STATE OF BIHAR 2. SURYA BHUSHAN PANDEY S/O LATE JANAK PANDEY R/O VILLAGE SARAW, P.O. SARAW, P.S. RASULPUR, DISTRICT- SARAN. -----------------------(Respondents) ************ For the Petitioners : 1. Mr. Nagendra Rai. Adv. 2. Mr. Navin Nikunj, Adv. For the State : Mr. Ramesh Chandra ******** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioner seeks quashing of the order dated 7.1.2003 passed by the Sub-Divisional Magistrate, Chapra, Sadar Saran in case no. M.2429/02 by which he has converted the proceedings under Section 144 Cr.P.C. into one under Section 145 Cr.P.C and for quashing the order dated 10.01.2004 passed by 10th Additional Sessions Judge, Chapra in Criminal Revision No. 44/2003. 2. The matter was heard on 2.4.06 and the application was admitted for hearing with an interim order of stay. 3. The facts of the case is that the petitioner and the opposite party no. 2 are agnates and both claimed title and possession over a certain piece of land which led to apprehension of breach of peace. On account of such dispute a partition suit no. 278 of 2001 was filed in the court of Ist Sub- 2 Judge, Chapra but with regard to the some portion of the suit land a proceedings under Section 144 Cr.P.C. was initiated by S.D.M. Chapra, On the application of the opposite party no. 2. The petitioner thereafter appeared and brought it to the notice of the court that in fact there was a Title Suit pending with regard to the same piece of land despite which the proceedings was converted to one under Section 145 Cr.P.C. The petitioner thereafter filed a Cr. Revision before the Sessions Judge, Chapra, which was heard by 10th Additional Sessions Judge, Chapra, who was pleased to dismiss it on 10.01.2004, even after holding that the subject matter of the proceedings under Section 145 was part of the suit land. 4. The simple argument of the petitioner is that even before the proceedings under Section 144 Cr.P.C had been initiated there was already a Tittle Suit pending between the parties and therefore, if at all the opposite party no. 2 was aggrieved he could have filed an application with a prayer for injunction. The present proceedings during the pendency of the partition suit is hence nothing but an abuse of the process of the court. 5. Since the above proposition has been accepted by this court on various occasions, I do not need to further elaborate and for this reason the order dated 7.1.2003 passed by the Sub-Divisional Magistrate, Chapra, Sadar Saran in case no. M.2429/02 and the order dated 10.01.2004 passed by 10th Additional Sessions Judge, Chapra in Criminal Revision No. 44/2003 is hereby quashed. 6. Application stands allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 13th July, 2010 NAFR/ Fahad.