IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4131 of 2011 BISHWANATH SINGH & ORS Versus THE STATE OF BIHAR & ANR ----------- 02. 04.05.2011. Heard. This petition could not be entertained merely because of the reason that if there is a finality to the dispute by virtue of passing of a decree by a competent civil court then the law says that no Executive Magistrate shall have any jurisdiction further to enter into the disputed question of possession and the reported apprehended danger to peace on that account. The order under Section 146(1)Cr.P.C. is interlocutory but the remedy lies under the proviso attached to sub- Section(1) to that Section under which the petitioner approach the lower court, i.e., S.D.M., Bhabhua in Case No.4 of 2010 as the lower court itself has the power to withdraw the order of attachment by virtue of the proviso above said. As such, the petitioner should approach the lower court and file a petition properly annexing therewith the decree of the Civil Court and challenge the very jurisdiction of the court 2 below. If the petitioner files a petition that shall be considered by the court below in the light of the observations made herein and a speaking order shall be passed on the petition of the petitioner. With the above direction to the court below, this petition is disposed of. B.Kr. ( Dharnidhar Jha,J.)