IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16471 of 2008 Rajendra Singh @ Rajendra Prasad, son of Late Jagdish Prasad, resident of Village-Dhego, P.O. Naur, P.S. Navinagar, District-Aurangabad(Bihar). …………………………………………………….Petitioner. Versus 1. The State Of Bihar. 2. Parshuram Singh, son of Mukhdeo Singh. 3. Anup Kumar Pathak, son of Sri Baidyanath Pathak. 4. Ram Janam Ram, son of Ramdeni Ram. All (2 to 4) are resident of Village-Dhego, P.O. Naur, P.S. Navinagar, District-Aurangabad(Bihar). ……………………………………….Opposite Parties. ---------------------------------- 7. 8.11.2011. Heard Mr. Jitendra Prasad Singh, learned counsel for the petitioner, Dr. Indiwar Kumari, learned A.P.P. for the State and Mr.Bhanu Pratap Singh, learned counsel for the opposite party nos.2 to 4. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash the entire criminal proceedings initiated under Section 133 of the Code of Criminal Procedure, numbered as Case No.835 of 2004, in which the opposite parties no.2 to 4 are the first party and the petitioner is the second party. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the owner of the land 2 in dispute and is in possession over the same. Hence, the initiation of proceeding under Section 133 of the Code of Criminal Procedure is illegal. The impugned order dated 11.9.2007 passed in Case No.835 of 2004 by the Sub Divisional Magistrate, Aurangabad, disclosed that after the evidence of the second party-opposite parties no.2 to 4 recorded under Section 137 of the Code of Criminal Procedure, the first party-petitioner, under Section 138 of the Code of Criminal Procedure, was directed to produce the evidence on 8.11.2007. Since proceeding under Section 133 of the Code of Criminal Procedure is going on and the petitioner has opportunity to produce evidence in respect to his case and grievance in the said proceeding, therefore, I find no merit in this application for interference under Section 482 of the Code of Criminal Procedure and it is, accordingly, dismissed. P.S. (Rajendra Kumar Mishra, J)