IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16385 of 1996 Rajesh Kumar Singh, Son of Late Jogendra Prasad Singh, Resident of Village Bijoynagar, Post Officer and Police Station- Banka, Wad No. V under Banka Municipality, District Banka. ------- (2nd Party) – Petitioner Versus 1. The State of Bihar. 2. Anil Singh, Son of Mahendra Prasad Singh, Resident of Village Bijoynagar, Post Officer and Police Station Banka Ward No.V under Banka Municipality, District Banka. ----------- (1st Party) ----- Opposite Party ----------- 13 13.8.2009 Having perused the records, this court is of the firm opinion that the impugned order dated 10.4.1996 initiating proceeding under Section 145 of the Code of Criminal Procedure (Cr.P.C.) does not suffer from any error. As a matter of fact even the subsequent order dated 5.7.1996 rejecting the prayer of the petitioner for dropping the proceedings on the ground of pendency of a title suit between the parties, in the opinion of this Court, was rightly rejected for a simple reason that mere pendency of a civil case cannot be a ground for not invoking the provisions of Section 145 of the Cr.P.C. It is however expected that by now the civil suit must have been decided and therefore, if the court below would find that the matter has since been adjudicated by the 2 civil court, the question of possession would be squarely covered by such judgment of the civil court. As the matter has remained pending for over 13 years in this court, the learned Magistrate will also be required to re-examine the matter and therefore, if any party would file a fresh application invoking powers under Section 145(5) of the Cr.P.C., the court below would pass an appropriate order on the basis of things as they would stand on that day. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)