IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.34873 of 2008 ====================================================== 1. Fatinga Paswan. 2. Daun Paswan. Both are sons of late Damaru Paswan, resident of village + P.O. Shahpur Maricha, P.S. Maniyari, District- Muzaffarpur. .... .... Petitioners. Versus 1. The State Of Bihar. 2. Deochandra Kumar son of Rajendra Rai. 3. Musafir Rai Sonof Ram Sewak Rai. Both Opposite Party No.2 and 3 are resident of village + P.O. Shahpur Maricha, P.S. Maniyari, District Muzaffarpur. .... .... Opposite Parties. 2 12-07-2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. This application has been filed against the order converting the proceeding of 144 Criminal Procedure Code into 145 Criminal Procedure Code proceeding. The petitioners challenged the order before the Additional Sessions Judge, Fast Track Court No. IVth, Muzaffarpur. The main objection raised on behalf of the learned counsel for the petitioners is that the land under the dispute in the proceeding under Section 145 of the Cr.P.C. is part of residential house and as such proceeding under Section 145 Cr.P.C. is not maintainable against the residential house. All these aspect of the matter can be raised by filing a show cause and producing document before the court below, to show that it is residential house, which should be disposed of as a preliminary issue. The Court will then examine the case of the petitioners and the opposite party as expeditiously as possible and dispose of the matter at the earliest. No ground is made for interference with the order impugned. This application is thus dismissed. Md. Ibrarul/- ( Sheema Ali Khan, J)