IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13252 of 2009 VIJAY SINGH @ VIJAYEE SINGH S/O LATE SHEOPUJAN SINGH, R/O VILLAGE SIKARIYAN, P.S. DARIGAON (SASARAM), DISTRICT- ROHTAS. --PETITIONER Versus 1. THE STATE OF BIHAR 2. RAM LAKHAN DUBEY S/O LATE SAHDEO DUBEY, R/O MOHALLA LASKARIGANJ, P.S.SASARAM, DISTRICT-ROHTAS. --OPP.PARTY 2 08.10.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking quashing of order dated 23.12.2008 passed by learned Sessions Judge, Rohtas in Cr.Rev. no. 165 of 2008 confirming order dated 11.4.2008 passed by learned Executive Magistrate, Sasaram, in Case no. 131 M of 1998 who decided to drop the proceeding under Section 145 of the Code of Criminal Procedure but continued the receivership appointed earlier with respect to subject matter of the proceeding till appointment of the receiver by competent civil court in the proceeding initiated by the parties. It is contented by the learned counsel for the petitioner that continuance of appointment of receiver is 2 ordered in the light of the pending appeal under Section 109 of the B.T. Act before the Subordinate Judge, Sasaram, which is not competent in such appeal, no receiver can be appointed. Learned Additional Public Prosecutor for the State pointed out that no doubt while discussing case of the parties and materials available, the learned Magistrate has referred the proceeding under the provisions of the B.T. Act but from the order it is crystal clear that finding himself unable to decide factum of possession in view of complicated question title etc. involved and received by the parties, the Magistrate dropped the proceeding and ordered continuance of receivership appointed much before any order on the point by competent civil court in the proceeding filed by the parties. On a careful consideration of order of the court below as well as order of the revisional court, I find no error. The learned Magistrate was competent enough to pass such order under Section 146 of the Code of Criminal Procedure since receiver was appointed much before. Petitioner, if so advised, may get his grievances redressed by competent civil court or if so further wishes by Lok Adalat. Finding no merit this application stands 3 disposed of at the admission stage itself. (Akhilesh Chandra, J.) AAhmad