CRIMINAL MISCELLENEOUS No. 34354 OF 2001 ***** ( In the matter of application under Section 482 of the Code of Criminal Procedure ) ****** 1. SMT. KIRAN SAH @ SUKUL DEVI, WIFE OF MANGAINLAL SAH 2. MANGANLAL SAH, SON OF LATE GOKUL SAH BOTH RESIDENT OF MOHALLA MADAR CHAK, POLICE STATION KASBA, DISTRICT PURNEA …………………………………….. ……………………….....……...PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. AMBIKA PRASAD MODI, SON OF LATE NATHU LAL MODI, RESIDENT OF MOHALLA MODI TOLA KASBA, POLICE STATION KASBA, DISTRICT PURNEA ………………………………………………..……………… OPPOSITE PARTIES ******************** FOR THE PETITIONERS :- MR. JAGDISH PRASAD BHAGAT, ADV. FOR THE S T A T E :- MR. NITYANAND TIWARY, A.P.P. FOR OP NO. 2 :- MR. PANKAJ KUMAR SINHA, ADV. *********** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. Apparently, this matter arises out of a civil dispute for which partition suit has already been filed. 2. The petitioners have filed this application against the notice of initiation of proceedings under Section 145 of the Code of Criminal Procedure. 3. The argument on behalf of the petitioner is that this matter is pending since 2002 and it is apparent that the apprehension of breach of peace with respect to 2 possession of the properties in question is not justified as there has been no further incident which would lead this Court to conclude that there is an apprehension of breach of peace, which would require adjudication under Section 145 of the Code of Criminal Procedure. 4. The parties would be at liberty to seek their reliefs in the partition suit with respect to maintenance of status quo on the properties which are the subject matter of the partition suit. 5. The impugned order is accordingly quashed. 6. This application is thus allowed with the aforesaid observations. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 17TH JANUARY, 2011 N.A.F.R./ANAND