IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16419 of 2008 Belendra Rai Versus State Of Bihar & Anr ----------- For the petitioner—Vijay Kumar Singh For the State ----Pronoti Singh 3 26.08.2011 This petition under Section 482 Cr.P.C is directed for quashing the order dated 29.3.08 passed in Cr. Rev. No. 165 of 2006 by the Court of 5th Additional Sessions Judge , Muzaffarpur whereby revision petition preferred by the petitioner has been dismissed affirming the order dated 28.7.06 passed by S.D.M West Muzaffarpur converting the proceeding of Section 144 Cr.P.C into 145 Cr.P.C directing both parties to file their written statement fixing on 12.8.07. The learned counsel appearing on behalf of the petitioner submits that partition suit No. 298 of 2005 and 158 of 2006 in which claim for partition is still pending in Civil Court for disposal. The entire proceeding under Section 145 is illegal as the party has a right to raise all defence in the suit. The order dated 28.7.06 passed by the S.D.M. to convert the proceeding of Section 144 Cr. P.C to 145 Cr. P.C is misnomer. Conversion of the proceeding under Section 145 is a fresh proceeding. There is no illegality in the impugned order dated 29.03.08 and in order dated 28.7. 06 passed in case No. 806 jurisdiction for interference in inherent jurisdiction. Accordingly this application is dismissed. The petitioner is at liberty to raise all defence as raised herein in a show cause in the 2 proceeding under Section 145 Cr.P.C. Namita ( Rajendra Kumar Mishra, J.)