IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36584 of 2007 UMA SHANKAR BHAGAT & ORS Versus STATE OF BIHAR ----------- For the petitioner : Mr. D.K.Pandey, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. No. 2 : Mrs. Meena Kumari, Advocate ------ 5 25.11.2008 The petitioners through this application have prayed for the quashing of the order dated 7.12.2006 passed by the Sub Divisional Magistrate, Sadar, Bhagalpur, in Misc. Case No. 1262 of 2006, whereby the learned Magistrate has converted a proceeding under section 144 Cr.P.C. into one under section 145 Cr.P.C. At the very out set it has been submitted by the learned counsel for O.P. No. 2 that a petition has already been filed in the court below for withdrawal of the case but no order has been passed thereupon till now. Be that as it may it is admitted by the parties that a Title Suit in respect of the same land between the same parties is pending in the Civil Court being Title Suit No. 374 of 2006. In that view of the matter continuance of the criminal proceedings would be an abuse of the process of the Court since the matter of right, title, interest and possession can be decided only by a court of competent civil jurisdiction namely the Civil Court and not the Sub Divisional Magistrate who can only declare possession and cannot pronounce any order in respect of right, title and interest. In that view of the matter this application is allowed and the impugned order is hereby quashed. - 2 - The parties shall be at liberty to agitate their grievances in the title suit. Spd/- (Abhijit Sinha, J.)