IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2577 of 2009 1. Baijnath Rai, Son of Late Milan Rai. 2. Awadhesh Rai, Son of Late Dwarika Prasad Rai. 3. Uma Shankar Rai, Son of Late Mishri Rai. 4. Jawahir Rai, Son of Late Jagrarain Rai. 5. Saryug Rai, Son of Late Puran Rai. 6. Dharmdeo Rai, Son of Late Bisheshwar Rai. 7. Jhimilal Rai, Son of Late Domi Rai. 8. Chakardhar Pandit, Son of Late Saukhi Pandit. 9. Byas Rai, Son of Late Yadunandan Rai. 10. Bhim Rai, Son of Sri Asharfi Rai. 11. Dinanath Rai, Son of Late Mishri Rai. 12. Amarnath Rai, Son of Sri Baijnath Rai. 13. Sitaram Rai, Son of Sri Dublal Rai. 14. Harinandan Rai, Son of Late Nathuni Rai, All of village Bahrampur, P.S. Raghopur, (Rustampur O.P.) District – Vaishali. 15. Rachhu Rai, Son of Late Ramkhelawan Rai. 16. Suraj, Son of Late Taju Rai. 17. Rajendra Rai, Son of Late Botal Rai. 18. Harbansu Rai, Son of Late Raghuni Rai. 19. Yogendra Rai, Son of Late Hulas Rai. 20. Kapil Rai, Son of Late Lalu Rai. 21. Deonandan Rai, Son of Late Daroga Rai. 22. Narsingh Rai, Son of Late Horil Rai All of village Saidabad, P.S. – Raghopur, (Rustampur O.P.) District – Vaishali. 23. Mohan Rai, Son of Sitab Rai, Village Mohanpur, P.S. Raghopur (Rustampur O.P.) Distt. – Vaishali. .................... Petitioners. Versus 1. THE STATE OF BIHAR. 2. Ramdeo Das, Son of Jhagru Das. 3. Lagan Rai, Son of Late Shivji Rai. 4. Vishwanath Rai, Son of Nagdeo Rai. 5. Ram Janam Rai, Son of Late Nagdeo Rai. 6. Kishundeo Rai, Son of Late Ramji Rai. 7. Kusheshwar Rai, Son of Late Nandlal Rai. 8. Panchhilal Rai, Son of Late Deolal Rai. 9. Krishan Rai, Son of Late Ramdeo Rai. 10. Bishundeo Rai, Son of Shivnandan Rai. 11. Ramprit Rai, Son of Mohit Rai. 2 12. Sipahi Rai, Son of Deolal Rai. 13. Krishna Das, Son of Sarju Chamar. 14. Jagdeo Bhagat, Son of Late Badri Bhagat. 15. Rameshwar Paswan, Son of Late Shivnarain Paswan. 16. Ram Pratap Rai, Son of Parsuram Rai. 17. Lakshmi Rai, Son of Jailal Rai. 18. Sagar Rai, Son of Mahipat Rai. 19. Rahin Das, Son of Late Sundar Das. All residents of village Bahrampur, P.S. – Raghopur (Rustampur O.P.) District – Vaishali. ................ Opposite Parties. ----------- 05/ 01.12.2010 Heard. This is a petition for quashing the order dated 18.07.2008 passed by the Sub-Divisional Magistrate, Hajipur (Vaishali) in Case No. M I / 1315 of 2008 by which he has initiated a proceeding under Section 145 of the Cr.P.C holding that there is bona fide land dispute. Learned counsel for the petitioners, however, contended that with regard to the same land and same party a civil case is going on and that is First Appeal No. 14 of 1980. Learned counsel for the opposite parties also does not dispute this fact that the first appeal is pending between the parties with regard to the same land. Learned counsel for the petitioners, however, relied upon a decision reported in AIR 1985 SC472 (Ram 3 Sumer Puri Mahant Vs. State of U.P. & Ors.) that when a civil case is pending then a parallel proceeding under Section 145 of the Cr.P.C with regard to the same land between the same party is not warranted as the multiplicity of litigation is not in the interest of the party nor public time should be allowed to be wasted over meaningless litigation. Hence, in view of the undisputed position, that with regard to the same land between the same parties, the civil litigation is going on and the parties may approach the civil court / appellate court for interim order such an injunction or appointment of receiver for an adequate protection of the property during the pendency of the dispute and hence, in that view of the matter the initiation of the proceeding under Section 145 of the Cr.P.C. is hereby quashed and the parties may in its discretion approach the appellate court in F. A. No. 14 of 1980 for their grievance with regard to the dispute. Hence, this application is allowed. Kundan (Gopal Prasad, J.)