IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.400 of 2010 ISRAIL GADDI, son of Late Ismail Gaddi, resident of Bhabhua Town, Ward No. P.S.- Bhabhua, P.O. Bhabhua, District Kaimur at Bhabhua. ---Petitioner Versus 1. STATE OF BIHAR. 2. The Sub-Divisional Magistrate, Bhabhua. ---Respondent 1st set 3. Uday Pratap Singh @ Dauji Patel son of Late Deorup Singh, resident of Village-Yadupur, P.S. Bhabhua (Sonhan), District-Kaimur (Bhabhua) at present residing at Bhabhua Ward No.4 (Patel Chawk), P.W.-Bhabhua, District- Kaimur (Bhabhua). ---Respondent 2nd set ----------- 3. 13.1.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for quashing the order dated 25.1.2010 passed by the Sessions Judge, Bhabhua in Criminal Revision No.71 of 2010 refusing to set aside the order of the Sub- Divisional Magistrate initiating the proceeding under section 144 of the Code of Criminal Procedure for the third time against the petitioner and the respondent second set for the same land in question even during the pendency of Title Suit No.84 of 2009 between the parties, in which the prayer of injunction made by the respondent second set was refused, against which Miscellaneous Appeal No.14 of 2009 is pending. Learned counsel for the petitioner contends that the repeated initiations of proceedings under section 144 of the Code of Criminal Procedure are not permissible in law. The proceeding under section 144 Cr.P.C. in question has already been closed vide - 2 - order dated 5.3.2010 on completion of the requisite statutory period. Learned counsel for the State submits that section 144 Cr.P.C. proceeding in question since no longer subsists and as such the writ application has now become infructuous. Considering the submissions of the parties, I am not inclined to interfere with the matter since the proceeding under section 144 Cr.P.C. has already been closed by order dated 5.3.2010, vide Annexure 6. The writ application is, accordingly, dismissed. PNM (Shailesh Kumar Sinha, J.)