IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.38268 OF 2009 SMT.SURUCHI DEVI, WIFE OF BALO MAHTON, RESIDENT OF VILLAGE LOHIA NAGAR, POLICE STATION BEGUSARAI, DISTRICT BEGUSARAI VERSUS 1. THE STATE OF BIHAR 2. BRAJ KISHOR PRASAD, SON OF LATE RAM SWAROOP SINGH 3. MADAN MOHAN PRASAD SINGH, SON OF LATE RAM SWAROOP SINGH 2 AND 3 ARE RESIDENT OF VILLAGE MANJHAUL, POLICE STATION CHERIA BARIARPUR, DISTRICT BEGUSARAI …………………………………………………………………..OPPOSITE PARTIES ********* 2 12/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 09.11.2008 by which the proceeding under Section 144 of the Code of Criminal Procedure was initiated and converted into a proceeding under Section 145 of the Code of Criminal Procedure. From the order dated 08.11.2008, it appears that the first party Braj Kishor Prasad (Opposite Party before this Court) filed an application that there is every likelihood of breach of peace over the lands in question. The Court called for the police report and after being satisfied with the police report, proceeded with this matter. Learned Counsel for the petitioner submits that initially the petitioner had filed an application that there is an apprehension of breach of peace impleading 2 the Opposite Party-second party in the proceeding which was numbered as 163 of 2008. The petitioner has claimed that he has title by virtue of a sale deed and is in possession over the lands in question, whereas the Opposite Party is claiming that he had purchased the lands in an auction sale. The Sub Divisional Officer eventually dropped the proceeding by order dated 14.03.2008/14.05.2008 observing that the second party i.e. Braj Kishor Prasad may get the dispute settled by filing a case before the Civil Court. Subsequently, second party/Opposite Party before this Court filed an application under Section 144 of the Code of Criminal Procedure which is numbered as 279 of 2008. This proceeding was dropped on the very first date on the ground that earlier the 144 proceeding has been dropped. On third occasion again the Opposite Party/second party filed an application under Section 144 of the Code of Criminal Procedure claiming that there is still an apprehension of breach of peace. After the police report, the Court proceeded in the matter by converting the proceeding into one under Section 145 of the Code of Criminal Procedure. The petitioner and the Opposite Party have been directed to file their show 3 cause. The Sub Divisional Officer, Begusarai may consider all these aspects and the show cause and expeditiously dispose of the proceedings under Section 145 of the Code of Criminal Procedure preferably within six months on receipt/production of a copy of this order after considering the contentions of the parties and the earlier order passed in the context of this matter. I find no anomaly in the impugned order. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)