IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1414 of 2007 YOGENDRA PRASAD SINGH, SON OF LATE MEDNI PD. SINGH, RESIDENT OF VILLAGE AND P.O.- SAIDPUR, P.S.- GOPALPUR, DISTRICT- BHAGALPUR. Versus 1. THE STATE OF BIHAR 2. RAM KISHORE SINGH, SON OF LATE JAGAN NATH SINGH 3. ASHWANI KUMAR SINGH 4. SHANKAR SINGH BOTH SONS OF LATE UGRA NARAYAN SINGH ALL RESIDENTS OF VILLAGE AND P.O.- SAIDPUR, P.S.- GOPALPUR, DISTRICT- BHAGALPUR. 5. SUNIL BHAGAT SON OF LATE JADDU BHAGAT 6. RASHO PANDIT SON OF LATE MAHABIR PANDIT 7. SUBODH PANDIT SON OF RASHO PANDIT 8. AWADHESH PANDIT SON OF RASHO PANDIT 9. RAJ KUMAR PANDIT SON OF RASHO PANDIT ALL RESIDENTS OF VILLAGE- RATANGANJ, SUKTIYA BAZAR, P.O.- SUKTIYA BAZAR, P.S.- GOPALPUR, DISTRICT- BHAGALPUR. 10. KISHNADEO SINGH, SON OF LATE YAMUNA SINGH, RESIDENT OF VILLAGE TIRASI, P.O.- SUKTIYA, P.S.- GOPALPUR, DISTRICT- BHAGALPUR. For the petitioner : Mr. Ravishankar Dwivedi, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 4 02.08.2010 Heard learned counsel for the petitioner. Petitioner, who is first party to Section 145 Cr.P.C. (hereinafter referred to as the Code) proceeding, pending in the Court of Executive Magistrate, Naugachia vide Case no. 51 of 2007, is aggrieved by the order dated 6.8.2007 whereby the application filed on behalf of the second party (O.P. no. 2) under Section 145(5) of the Code has been considered and allowed. Learned court below has found and recorded as under in paragraph 4 of the order: “4. pwafd mi;qZDr iz”uxr fookfnr Hkwfe ls lacaf/kr LoRo caVokjk okn flfoy U;k;ky; esa py jgk gS] blfy, i{kdkjksa dks fdlh Hkh izdkj ds fjfyQ ds fy, lacaf/kr flfoy dksVZ esa gh vuqjks/k djuk pkfg,A pwafd LoRo ,oa 2 n[ky ,d nqljs ls co-related gS vkSj okLrfod HkSfrd n[ky dCtk dk rkRi;Z dkuwuu ,oa cS/k dCtk ugha gS ,oa bl U;k;ky; dh 'kfDr n0iz0l0 dh /kkjk 145 ds rgr okLrfod n[ky dCtk ?kksf"kr djus rd gh lhfer gS ,oa ftldk vk/kkj dkuwuh LoRo gSA n.M iz0 la0 dh /kkjk 145 ds rgr dkjZokbZ pykus dk izkFkfed mn~s”; yksd iz”kkfUr dks Hkax gksus ls jksduk gS u fd LoRo vFkok n[ky dh ?kks’k.kk djukA“ Learned counsel for the petitioner admits that two suits have been filed being Title Suit no. 20 of 2006 and Title Suit no. 27 of 2006 which are pending in the court of Sub-Judge-I, Naugachia. The first party has filed Title Suit no. 20 of 2006 whereas the vendor of the second party and the O.P. no. 2 have filed Title Suit no. 27 of 2006. Learned counsel for the petitioner submits that Title Suit no. 27 of 2006 have been filed by the vendor of O.P. no. 2 and O.P. no. 2 only. Other members of the second party (O.P. nos. 3 to 10) are not plaintiffs of the said suit. It is to be noted here that other opposite parties are transferees of land from Rekha Devi who is the principal plaintiff in the said title suit. In that view of the matter, this Court is not inclined to interfere with the order impugned. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )