IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35550 of 2008 Krishna Rawat @ Yadav, Son of Late Jugeshwar Rawat, Resident of Village Manpur, PS Maharajganj, District Siwan ---- Petitioner Versus 1. The State Of Bihar. 2. Suman Kumar Yadav @ Krishan Kumar Yadav, Son of Sri Algu Prasad Yadav, resident of village Manpur, PS Maharajganj, District Siwan ---- Opposite Parties ----------- 2 13.7.2011 This application has been filed against the order dated 16.1.2007 passed by the Sub-divisional Magistrate, Maharajganj, in Trial No. 67 of 2007 by which the proceeding under Section 144 Code of Criminal Procedure has been converted to one under Section 145 Code of Criminal Procedure. Learned counsel for the petitioner submits that the proceeding under Section 145 Code of Criminal Procedure would not be maintainable in view of the fact that a Title Suit (133 of 2002) is pending between the petitioner and some of the parties to the 145 Cr.P.C. proceeding. The Court has observed that initially when the proceeding was initiated, the opposite party was not a defendant or party in the Title Suit, and as such 145 proceeding would continue, if he was made party at a later stage in the suit. It is also contended that some of the persons who are claiming to be in possession over the land in question are not parties in the Title Suit (133 of 2002), and as such the 145 Cr.P.C. proceeding should continue. This Court disposes of this application with observations that the Sub-divisional Magistrate, Maharajganj, hearing the 145 Cr.P.C. matter should keep in mind the pleadings 2 of the suit as well as the fact that the persons who are not parties in the Title Suit may be subsequent purchasers from those who have been made party in the Title suit or have interest in the property through one or the other party. These factors should be kept in mind while hearing the 145 Cr.P.C. proceeding. The Court will also keep in mind the scope of the suit and the 145 Cr.P.C. proceeding before passing any order in this matter. Sanjay ( Sheema Ali Khan, J.)