IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42167 of 2008 SUSHILA DEVI, WIFE OF LATE RAM SINGH YADAV, RESIDENT OF VILLAGE TORABGANJ, P.S. KORHA, DISTRICT KATIHAR. ---- PETITIOENR Versus 1. THE STATE OF BIHAR 2. SHEKHAR @ JWALA KUMAR, SON OF SRI MEBA LAL, RESIDENT OF VILLAGE TORABGANJ, P.S. KORHA, DISTRICT KATIHAR. ---- OPPOSITE PARTIES For the petitioner :- Mr. Bhola Prasad, Advocate For State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 8.1.2010 Learned counsel for the petitioner submits that the order dated 3.8.2007 indicates that the second party is claiming possession based on a deed of agreement of sale. It is submitted that the first party has already purchased the said land by sale deed dated 9.1.2007 and after purchase of the said land from Varun Kumar Jha has got her name mutated in the Circle Office. It is stated that the members of the second party without having any semblance of a right, have ousted the first party who is a lady from the land in question. The Court has converted the proceeding under Section 144 Cr.P.C. into one under Section 145 Cr.P.C. and issued notices to both the parties to file their show cause. Learned counsel for the petitioner submits that the show cause has not been filed as yet. In the result I direct that the petitioner should file his show cause and also an application for dropping the proceeding under Section 145 (5) of the Code of Criminal Procedure. The Court below will consider whether there is a bona fide dispute with respect to possession before proceeding with the matter under Section 145 Cr.P.C. This application is disposed of with the aforesaid directions. Sanjay (Sheema Ali Khan, J.)