IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48932 of 2008 ====================================================== Md.Habib son of late Md. Ramyani, resident of village- Kakaraul, P.S. Rahika, District- Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Md. Ansari, son of Aziz, P.S. Rahika, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None. For the Opposite Party No. 2: Mr. Gagandeo Yadav, Adv. For the State : Mr. R.P.S. Singh, A.P.P. ====================================================== 2 23-08-2011 None appears on behalf of the petitioner to press this application. However, I have heard learned Additional Public Prosecutor appearing on behalf of the State and the learned counsel appearing on behalf of Opposite Party no.2. From perusal of the materials available on record, I find that by the impugned order dated 10th January 2006 passed by the learned S.D.M., Madhubani the possession of Opposite Party no.2 has been declared over the lands in dispute in a proceeding under section 145 of the Code of Criminal Procedure. Challenge to the aforesaid order dated 10th January 2006 before the learned Sessions court in Cr. Rev. No. 1119 of 2006/ 313 of 2008 has failed. By the order dated 29th May 2008 passed by the learned Additional Sessions Judge, F.T.C.- III, Madhubani, the order passed by the original court has been affirmed. Hence, the present Patna High Court Cr.Misc. No.48932 of 2008 (2) dt.23-08-2011 2 application under section 482 Cr. P.C. This Court does not find any legal infirmity in the orders impugned. In the aforesaid facts and circumstances of the case, the present application stands dismissed. However, if the petitioner so advised, he may file a civil suit before a civil court of competent jurisdiction for getting his right and title declared over the lands in dispute. If such a suit is filed, then that may be decided in accordance with law, without being prejudicial by the present order of dismissal of this petition under section 482 Cr. P.C. B Tiwary/- (Birendra Prasad Verma, J)