IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11777 of 2008 SUBHADRA DEVI Versus STATE OF BIHAR & ANR ----------- 03. 17.05.2010 The matter was disposed off on 05.05.2010 but due to inadvertence the order was pronounced without correction, hence let the corrected version of the order dated 05.05.2010 be read as :- Heard learned counsel for the petitioner and the State. The present application has been filed for quashing the order dated 05.08.2003, passed in Miscellaneous Case No. 1894 of 2001 whereby proceeding under Section 145 of Cr. P.C. has been dropped, and also for quashing of the order dated 03.12.2007 passed in Criminal Revision No. 148 of 2003 whereby the order dated 05.08.2003 passed by Executive Magistrate has been affirmed by the learned Additional Sessions Judge, Muzaffarpur. From perusal of both the impugned orders, it appears that the proceeding was dropped on two grounds firstly that one of the parties submitted before the Court below that 2 there is no apprehension and secondly with regard to the same land and some other lands Title Suit No. 176 of 2002 is already pending before the Munsif, West, Muzaffarpur. It is contended by the learned counsel for the petitioner that she is not a party in the title suit. Merely not being a party in the title suit will not give a right to the petitioner to get 144 or 145 Cr. P.C. proceeding initiated or continued. Hence, I see no reason to interfere with the impugned order. However the petitioner if so advised may file an appropriate application for becoming party in the title suit being Title Suit No. 176 of 2002 and then to raise her claims on the land in question. With the aforesaid observations, the application stands disposed off. Let the order of this Court be transmitted through FAX. Shageer (Dinesh Kumar Singh, J.)