IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.795 of 2010 MD. REYAZUDDIN Versus STATE OF BIHAR & ORS ----------- 3 6.9.2010 Heard counsel for the petitioner and the State. The petitioner is aggrieved by initiation of a proceeding under section 145 Cr.P.C. as well as order of attachment under section 146(2) Cr.P.C. Learned counsel for the petitioner submits that as against order of attachment the petitioner has preferred a Criminal Revision and as such he confined his prayer to the initiation of a proceeding under section 145 Cr.P.C. He further submits that a Criminal Revision No.203 of 2008 was filed by the petitioner before the Sessions Judge, West Champaran, Bettiah against the initiation of a proceeding under section 145 Cr.P.C. by the S.D.M., Narkatiaganj stating therein that the proceeding is not maintainable and the revisional court by order dated 17.10.2008 directed the petitioner to file his written statement wherein it is open for him to take the plea of non- maintainability of the proceeding. The petitioner files a supplementary affidavit wherein it has been stated that allthe lands in the instant proceeding was already subject matter in T.S.No.293 of 1968 which was decreed in favour of the then Mutawalli. He submits that once the matter is decided by a competent Civil Court, the learned Magistrate 2 KHAN would have no jurisdiction to initiate a proceeding under section 145 Cr.P.C. in respect of the same suit land. The remedy of the respondents in such circumstances cannot be in form of initiation of a proceeding under section 145 Cr.P.C. Having heard counsel for the parties, this court observes that it would be open to the petitioner to file an application under section 145(5) Cr.P.C. raising the aforesaid dispute that the subject mater of the proceeding is already covered by a decree of competent Civil Court. In case such an application under section 145(5) Cr.P.C. is filed, the learned Magistrate would dispose of the same preferably within four months from the date of receipt/production of a copy of this order after affording opportunity of hearing to other sides. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)