IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.645 of 2009 CHANDRADEO YADAV & ORS Versus STATE OF BIHAR & ANR ----------- 2 4.5.2009 Heard. Then instant revision application is directed against the order darted 27.2.2009 passed by the Sub-Divisional Executive Magistrate, Aurangabad, in Case No.1611/2008 whereby he attached the properties in dispute under Section 146 Cr.P.C. A proceeding under Section 145 Cr.P.C. was started in March, 2009. In that proceeding, both the sides appeared. The Executive Magistrate in the proceeding under Section 145 Cr.P.C. had called for a Police report. The Police in its report stated that the situation has become grave between the parties and at any point of time murder or so can not be ruled out. The learned Magistrate thereupon attached the disputed property under Section 146(1)Cr.P.C. The grievance of the petitioners is that the impugned order has been passed without affording a copy of the Police report and providing an opportunity of hearing them. Section 146(1) Cr.P.C. provides that if any time the Magistrate is satisfied that there is no likelihood of breach of peace, he can withdraw the order of attachment. The case of the petitioners is that they have acquired title over the disputed land. Not only mutation was made in the name of their ancestors, but they have been regularly paying the rent.. The - 2 - Circle Officer has issued possession certificate in their names. Thus, it will be open to the petitioners to file a petition before the learned Executive Magistrate stating therein that there can not be no occasion for any breach of peace between the parties. In case such petition is filed, the same would be disposed of after hearing both the parties in accordance with law. With the aforesaid observations, this application is disposed of. SKBOSE (Samarendra Pratap Ssingh)