IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.56379 OF 2007 MOHAN KUMAR GUPTA, SON OF RAJA RAM SAH, RESIDENT OF VILLAGE KARAMAWA, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN VERSUS 1. THE STATE OF BIHAR 2. NAWAL KISHORE PRASAD, SON OF GAURI SHANKAR PRASAD, RESIDENT OF VILLAGE KARAWA, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN ……………………………………………………………………OPPOSITE PARTIES ******** 3 02/04/2010 Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 23.02.2007 passed in Case No. 247M of 2006 by which the Sub Divisional Magistrate, Bettiah, West Champaran had issued notice under Section 146 (1) of the Code of Criminal Procedure. More than three years have passed since the issuance of the order. There is no order of stay by this Court. It is expected that the matter must have disposed of. The parties are directed to appear within a period of three weeks before the Sub Divisional Magistrate, Bettiah, West Champaran in Case No. 247M of 2006 and place their respective positions before the Court. Learned Counsel for the petitioner submits that the proceedings under Section 146 (1) of the Code of Criminal Procedure would not be maintainable in view of the fact that a title suit is pending between the parties. For this purpose, 2 learned Counsel for the petitioner has relied on a decision rendered in the cases of Nemani Sah & KiranDevi vs. State and Another, reported in 2003 (3) PLJR 660 and Ras Bihari Rai & Others vs. The State of Bihar & Another, reported in 2006 (3) PLJR 334. In latter decision, this Court has held that 145 proceeding would not be maintainable in a case where a title suit is pending. The Sub Divisional Magistrate, Bettiah, West Champaran is directed to examine the case laws and thereafter take a decision as to whether he can proceed in the 146 (1) proceeding. The Sub Divisional Magistrate shall also take into consideration the fact that three yeas have elapsed since the order dated 23.02.2007 and it appears that there is no urgency for proceeding in the case under Section 146 (1) of the Code of Criminal Procedure. This application is disposed of with the aforesaid observations and directions. Let a copy of this order be communicated to the Sub Divisional Magistrate, Bettiah, West Champaran in Case No. 247 M of 2006 through fax at the cost of the petitioner. Anand ( Sheema Ali Khan, J.)