CRIMINAL MISCELLANEOUS No.7228 OF 2001 ----- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ----- 1. MOHD. SHAHID ALI SON OF LATE ABDUL GHAFOOR 2. MD. KHALID HOSSAIN SON OF LATE ABDUL GHAFOOR 3. MD. RASID HASAN @ ALI SON OF LATE ABDUL GHAFOOR 4. MD. ZAHID HUSSAIN SON OF LATE ABDUL GHAFOOR ALL RESIDENT OF VILLAGE CHUTIA SHYAMPUR DAKA, P.O. MIRZAPUR, P.S. SHAMBUGANJ, DISTRICT BANKA. …. …. PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE SUB DIVISIONAL MAGISTRATE, BANKA, DISTRICT BANKA 3. ANCHALADHIKARI, SHAMBHUGANJ, P.S. SHAMBHUGANJ, DISTRICT BANKA. 4. MD. RAFIQUE UDDIN SON OF LATE MOINUDDIN, CLAIMING TO BE SECRETARY ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 5. MD. RIYAZUDDIN SON OF LATE ZAFFAR ALI, CLAIMING TO BE PRESIDENT OF ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 6. MD. SAZID ALI @ SAZID HUSSAIN SON OF LATE MAQUEBOOL 7. MD. ZAHID ALI @ ZAHID HUSSAIN SON OF LATE MAQUEBOOL 8. MHD. NABID HUSSAIN SON OF LATE MAQUEBOOL 9. KHALID HUSSAIN SON OF MD. MONAF, CLAIMING TO BE TREASURER OF EXECUTIVE BODY OF ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 10. MD. FAIYAZ SON OF MD. MONAF 11. MD. HASIMUDDIN SON OF LATE ALLAUDDIN, CLAIMING TO BE MEMBER ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 12. MD. ASRAR AHMAD SON OF TAMIZUDDIN, CLAIMING TO BE MEMBER ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 13. MD. GULAM NABI AZAD SON OF LATE SALAMAT ALI, CLAIMING TO BE MEMBER ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 14. MD. JUBAIR ALAM SON OF LATE SALAMAT ALI, CLAIMING TO BE MEMBER ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 15. ABDUL MATIM SON OF LATE BOUDHU, CLAIMING TO BE MEMBER ZAMA MASJID, CHUTIA, P.S. SHAMBHUGANJ, DISTRICT BANKA. 16. MD. FAHIMUDDIN SON OF MD. SHARIF ALAM 17. MD. SHARIF ALAM SON OF LATE SUJAYET MARAR 18. TAKI IMMAM SON OF LATE ALI IMAM 19. ZAFFAR IMAM SON OF LATE ALI IMAM 20. MD. SUFAID ALAM SON OF LATE ASIMUDDIN @ GULLO 21. MD. SAFIQUE ALAM SON OF LATE ASIMUDDIN @ GULLO ALL 16 TO 21, RESIDENT OF VILLAGE CHUTIA SHYAMPUR DAKA, P.O. MIRZAPUR, P.S. SHAMBUGANJ, DISTRICT BANKA. …. …. OPPOSITE PARTIES. 2 ----- For the Petitioners : None For the State : Mrs. Indu Bala Pandey, A.P.P. ----- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ----- Rakesh Kumar,J. None appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. On earlier occasion on 7.10.2010 also, none had appeared on behalf of the petitioners. However, the case was adjourned and directed to be listed in the 2nd week of November, 2010 with an indication that if on the next occasion, no one appears on behalf of the petitioners to press this petition, the case shall be decided on the basis of materials available on the record of the case even in absence of the petitioners. 2. I have perused the impugned order dated 12.12.2000 passed by Sub Divisional Magistrate, Banka in Case No.638 of 2000. It appears that earlier in relation to the land in question, a proceeding under Section 144 of the Code of Criminal Procedure was initiated and it was noticed that either of the parties were not in a position to satisfy the court regarding right and title over the land in question and as such the proceeding was converted into one under Section 145 of the Code of Criminal Procedure and keeping in view the apprehension of breach of peace in between the parties, the court also appointed Circle Officer, Shambhuganj as receiver under Section 145 (8) of the Code of Criminal Procedure. After going through the materials 3 available on the record including the impugned order, the court is satisfied that the learned Magistrate has rightly passed the order. 3. There is no merit in the present petition and the petition stands rejected. PATNA HIGH COURT THE 8TH NOVEMBER,2010 Md.S./N.A.F.R. ( Rakesh Kumar, J.)