IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3307 of 2007 RAMDEO SAH, SON OF ADALAT SAH, RESIDENT OF VILLAGE PARASA MATHIA P.S. LAURIA, WEST CHAMPARAN. ..PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SUB-DIVISIONAL MAGISTRATE, NARKATIAGANJ,WEST CHAMPARAN 3. THE OFFICER-IN-CHARGE, LAURIYA POLICE STATION, LAURIYA, WEST CHAMPARAN. 4. SHEO NARAIN PANDEY, SON OF PASPATI NATH PANDEY, RESIDENT OF VILLAGE PARAU TOLA, P.S. LAURIYA, ANCHAL LAURIYA, WEST CHAMPARAN. OPPOSITE PARTIES. For the petitioner : Mr. Sanjiv Kumar No.1 For O.P.No.4 :Mr. Ganpati Trivedi For the State : Mr. Jharkhandi Upadhyay,APP ----------- 09. 26.07.2010 Heard both sides. Learned counsel for the petitioner while assailing the order impugned passed under section 146(1) of Cr.P.C. states that a suit being Partition Suit No.170/98 is pending in the court below in which the petitioner, his two brothers and father are defendants. It is his contention that opposite party no.4 is transferee of the disputed land from the plaintiff during the pendency of the said suit. It is his contention that any order passed in present proceeding should abide by final adjudication/order made by the civil court in the pending suit. Mr. Ganpati Trivedi appearing on behalf of opposite party no.4 states that the law adequately takes note of the said situation. He, however, does not dispute the aforesaid submissions of the counsel for the petitioner. - 2 - This Court thus declines to interfere with the impugned order. However, as agreed between the parties, it is observed that any order passed in the present proceeding shall abide by final adjudication to be made in aforesaid suit. With the aforesaid observation, this application is disposed of. hr ( Kishore K. Mandal )