IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17539 of 2010 OM PRAKASH SAH . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 04/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. On the own showing of the petitioner, there is a serious property dispute between him and private respondent Nos.9 and 10. From the pleadings in the writ application and the annexures thereto there appears to be no material for the Court to hold that in a private party civil dispute the police has abused or misused its power to forcibly dispossess the petitioner from the property in possession handing over the possession to the private respondents. There appears to be a 145 Cr.P.C. proceedings pending between the petitioner and the private respondents 9 and 10. In context thereof the report dated 15.6.2008 of the Gopalpur Police Station shall have its own relevance. It appears from the same that orders for attachment under Section-146 Cr.P.C. had been passed. These are matters to be more appropriately considered in the 145 Cr.P.C. proceedings itself including the submission on behalf of the petitioner that charge-sheet had also been submitted by the police in Gopalpur P.S. Case 2 No.296/08 instituted by the petitioner against the private respondents 9 and 10. Let the 145 Cr.P.C. proceedings be disposed off considering all aspects as also any other documents that the petitioner may rely upon, expeditiously, preferably within a maximum period of four months from the date of receipt/presentation of a copy of this order without granting unnecessary adjournments to either party. If a party refuses to cooperate and participate despite adequate notice, the competent authority shall be at liberty to also proceed ex parte if he is so satisfied, but after recording full reasons in the order-sheet of the efforts made to persuade the non- participating party to cooperate and his steadfast refusal to do so. The writ application stands disposed. KC ( Navin Sinha, J.)