IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13100 of 2008 Md.Abbas Versus State Of Bihar & Ors ---------------------------------- 04. 26.09.2011 This is an application for quashing the order dated 04.7.2007 passed by learned Sessions Judge, Khagaria in Criminal Revision No.63 of 2007 by which he has allowed the revision petition filed by the Opposite Parties No.2 to 8 and set aside the order dated 18.01.2007 passed in Case No.609M of 2009 by Shri Subhash Chandra Mandal, Executive Magistrate, Khagaria by which a proceeding under Section 107 of the Cr. P.C. was converted into a proceeding under Section 145 of the Cr. P. C. Heard learned counsel for the petitioner and learned counsel for the State. Apprehending breach of peace, matter was reported for initiation of a proceeding under Section 107 of the Cr. P. C. After recording the statement of witnesses, collecting other materials and taking into consideration that one of the parties was taking initiative for measurement of the land, was not opposed by other party rather was praying to convert the proceeding under Section 145 of the Cr.P.C., the learned Executive Magistrate converted the proceeding 2 into one under Section 145 of the Cr. P. C. by passing order dated 18.01.2007. This order dated 18.01.2007 challenged by Opposite Party Nos.2 to 8 by filing Revision No.63 of 2007, finding lack of apprehension of breach of peace, Revision is allowed, legality of which has been questioned by filing this quashing application on a simple ground that petitioner was not heard even not given opportunity to be heard, so, such order is not liable to be sustained. No doubt without caring the same revision has been allowed but that can be resolved by giving a fresh opportunity to the petitioner to raise the point/ grievance to Appropriate Authority either the Officer- in-Charge of concerned police station or Sub-divisional Magistrate having jurisdiction over the disputed land, if apprehension of breach remains existing concerning land in question. In case such application/ petition if is filed that should be thoroughly enquired into and appropriate order be passed by the learned Sub-divisional Magistrate. With this observation, this quashing application is disposed of. Vikash ( Mandhata Singh, J.) 3