IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.392 of 2007 SRINATH ROY Versus STATE OF BIHAR & ANR ----------- 5 12.05.2009. No one appears for opp party no.2. The petitioner has come to this court against order dated 16.1.2007, passed by the Sessions judge, Bhojpur at Ara in Cr. Revision No. 155 of 2006, by which he has set aside order dated 11.7.2006,passed by the Executive magistrate, Piro in a proceeding under section 147 Cr.P.C. vide case no. 3 of 2003. It is submitted on behalf of the petitioner that the Executive magistrate vide his order dated 11.7.2006 found that he is entitled to use the land in question. As such, he directed the first party to remove the brick soling. It is submitted on behalf of the petitioner that it would appear that the first party filed revision before the session’s judge, Bhojpur at Ara being Cr Revision No. 155 of 2007 which was allowed. Revisional court held that a suit is pending between the parties since 2003 itself and as such a parallel proceeding under section 147 Cr.P.C. should not continue. Learned counsel further submits that the proceeding under section 147 Cr.P.C. need not be dropped merely because civil suit is pending. He submits that a magistrate can drop a proceeding under section 147 Cr.P.C. if there is no apprehension of breach of peace. Learned counsel relied upon a decision of this Court in the case of Sheo Nandan Singh versus Thakur Prasad and others, reported in 1976 Cr LJ 1781. This court in the aforesaid case also held that if there is likelihood of breach of peace between the parties, the proceeding should not be dropped, merely 2 because title suit is pending. In view of the aforesaid facts, the impugned order dated 11.7.2006, passed by revisional court is set aside. The order was passed on 16.1.2007 more than two years back. There cannot be a dispute regarding proposition laid down by this Court in the case of Sheo Nandan Singh referred to above. If there is apprehension of breach of peace, it would be open to either of the parties to file appropriate application before the Executive magistrate for initiating appropriate proceeding including one under section 147 Cr.P.C. It is expected that the trial court in seisin of the title suit would expedite disposal of the same. The revision application stands disposed of. Shashi. ( S. P. Singh, J.)