IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50357 of 2007 1. Laxmi Narain Singh, son of Sri Rampati Singh, 2. Sushila Devi, wife of Sri Shyam Kishore Singh, both of Mohalla RMS Colony, Kankarbagh, PS Kankarbagh, District Patna – petitioners. Vs. 1. The State of Bihar, 2. Ram Bachan Sharma, son of Nawal Kishore Sharma, resident of road No. 3C, RMS Colony, Kankarbagh, PS Kankarbagh, District Patna – opp. parties. 6 6.4.2010 The petition at flag ‘C’ has been filed for substituting the heirs of petitioner no.1 Laxmi Narain Singh who died on 16.1.2008. The heirs have been mentioned at paragraph no.3 of the said petition. At paragraph no.4 it has been submitted that Sumitra Devi, wife of Late Laxmi Narain Singh may be permitted to represent all the heirs since the sons are working outside the State and would not be able to pursue the petition. The petition at flag ‘C’ is allowed. The office is directed to substitute Sumitra Devi in place of Laxmi Narain Singh. Heard learned counsel for the parties. This application has been filed for quashing the order, dated 13.6.2005 passed by the Subdivisional Magistrate, Sadar, Patna in Case No. 317(M)/2005 by which the proceeding under section 147 of the Cr.P.C. has been initiated and the parties have been asked to appear and file their show cause and documents. In the circumstances this court directs that the parties should appear before the court of the Executive Magistrate, Patna where Case No. 317(M)/2005 has been transferred. The court will consider the documents as well as the evidence and also consider 2 whether there is an apprehension of breach of peace before passing a final order with respect to the proceeding under section 147 of the Cr.P.C. The Executive Magistrate should dispose of the matter expeditiously and preferably within three months on appearance of the parties. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)