IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.38446 OF 2009 SRI PRAKASH RAI, SON OF LATE KAPILDEO RAI, RESIDENT OF VILLAGE KHALWA, POLICE STATION NAUTAN, DISTRICT SIWAN VERSUS 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, SIWAN 2. THE DISTRICT MAGISTRATE -CUM- COLLECTOR, SIWAN 3. SWAMI GRAHANAND DASJI BHAGAT YOGASARAM, RESIDENT OF VILLGE KHALWA, POLICE STATION NAUTAN, DISTRICT SIWAN 4. OM PRAKASH RAI, SON OF LATE KAPILDEO RAI 5. DHARMDEO RAI, SON OF CHANDRA BHAN RAI 6. RAMJI RAI, SON OF LATE RAM NARAIN RAI 7. BHRIGUNATH RAI, SON OF CHANDRABHAND RAI 4 TO 7 ARE RESIDENT OF VILALGE KHALWA, POLICE STATION NAUTAN, DISTRICT SIWAN ………………………………………………………………………..OPPOSITE PARTIES ******** 2 19/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application challenging the order dated 14.07.2009 by which the Sessions Judge, Siwan has affirmed the order dated 30.12.2008 passed by the Sub-Divisional Magistrate, Siwan in Case No. M-2437 of 2008 by which the Sub-Divisional Magistrate, Siwan had initiated proceedings under Sections 145 and 1456(1) of the Code of Criminal Procedure simultaneously. The Sub-Divisional Magistrate, Siwan has found that there is every likelihood of breach of peace and also has come to the conclusion that there could be blood-shed between the parties and in the circumstances, initiated a proceeding under Section 145 of the Code of Criminal Procedure and also initiated proceedings under Section 146(1) 2 of the Code of Criminal Procedure. Ordinarily, this Court would have to hear both the parties before setting aside the order of the Sub Divisional Magistrate, Siwan. Since, it appears to this Court that there is an apprehension of breach of peace as recorded in the order dated 30.12.2008, it would be in the interest of justice to remand this matter back to the Sub Divisional Magistrate, Siwan to pass fresh orders after considering the decision rendered in the case of Mahendra Tiwary vs. Mt. Lal Pari Devi and Others (1982 CRI. L. J. 17). The Sub Divisional Magistrate, Siwan is also directed to dispose of the matter after hearing both the parties within a period of two weeks from the date of receipt/production of a copy of this order. Counsel appearing on behalf of the petitioner in the Court below may give a Photostat copy of the ruling to the Court below who will pass appropriate orders in accordance with law after considering the rulings. In the mean time, the standing crops should be protected. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)