IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.207 of 2008 SHANKER PRASAD, SON OF LATE SITARAM PRASAD, RESIDENT OF DHAKA GUDRI BAZAR, P.S. DHAKA, EAST CHAMPARAN 2ND PARTY/PETITIONER Versus 1. THE STATE OF BIHAR 2. BALESHWAR SAH, SON OF NANDLAL SAH, RESIDENT OF KHAJURI BAKHRI P.S. DHAKA EAST CHAMPARAN. 1ST PARTY/OPPOSITE PARTY For the petitioner : Mr.Y.C.Verma, Sr.Advocate : Mr. Javed Aslam & : Mr.Manish Kumar Advocates For the State : Mr.Jharkhandi Upadhyay,APP For O.P.No.2 :Mr.Jai Prakash Verma ----------- 04. 02.08.2010 Petitioner who is the second party to the proceeding initiated under section 145 Cr. P.C. , is aggrieved by the order dated 06.12.2007, passed by learned Sub- Divisional Magistrate, Sikrahana Dhaka, East Champaran in Case No.389-M of 2007, whereby the order dated 25.10.2007 was recalled. It appears from the records that subsequently learned Magistrate after hearing both sides by order dated 26.06.2008 has finally dropped the proceeding as a suit under the Public Land Encroachment Act was already pending at the instance of the second party. Learned counsel for the opposite party submits that subsequent thereto the present petitioner has also filed Title Suit No.323/08 in the court of learned Sub-Judge-I, Motihari in respect of the disputed land. In that view of the matter, this Court is not - 2 - inclined to interfere with the order. The application is dismissed. hr ( Kishore K. Mandal )