CRIMINAL MISCELLANEOUS No.14650 OF 1998 -------- In the matter of an application under Section 482 of the Code of Criminal Procedure. -------- 1. Md. Amir Hasan son of Md. Panchu 2. Md. Karamat son of Md. Hanif 3. Md. Salauddin son of Md. Salim 4. Amir Hanja son of Md. Panchu 5. Md. Hanif son of Md. Asgar 6. Md. Zeenna @ Zenna Ansari son of Md. Asgar 7. Iddu Ansari 8. Sannulla Ansari @ Sanaullah Both sons of Amir Hasan 9. Naushad Ansari @ Md. Naushad 10.Samsad Ansari Both sons of Amir Hanja Ansari 11.Birla Ansari @ Md. Birla son of Karamat Ansari 12.Baji Ansari @ Baji 13.Farookh Ansari @ Faruk Both sons of Kalim Ansari 14.Kalim Ansari @ Md. Kalim saon of Md. Mansoori Ansari 15.Amirul Ansari @ Md. Amirullah son of Abdul Ansari 16.Hasim Ansari @ Hasim 17.Kalim Ansari Both sons of Suddi Ansari 18.Afaque Ansari @ Md. Afaque son of Jainul Ansari 19.Aslam Ansari @ Md. Ashalam son of Minaat Ansari 20.Neehal Ansari son of Samin Ansari 21. Khalil Ansari son of Chulhai Nadaf All of village Mirzafari P.S. Kharik District Bhagalpur ........ (2nd party) ........ Petitioners VERSUS 1. The State of Bihar 2. Manobar son of Md. Nisar 3. Md. Nisar Alam 4. Md. Afaque Alam 5. Md. Muslim @ Muztaque @ Guddu All sons of Abdul Rahim All of village Mirzaferi P.S. Kharik, District Bhagalpur. ....... (2nd party) ...... Opposite parties -------- 2 P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH -------- Shiva Kirti Singh, J. Heard learned counsel for the petitioner and Mr Lala Kailash Bihari Prasad, learned counsel for the State. In spite of valid notice, nobody has appeared on behalf of private opposite parties no.2 to 5. 2. By the impugned order dated 20.6.1998, the learned Sub-divisional Officer, Naugachia has converted a proceeding under Section 144 of the Code of Criminal Procedure bearing case no.13914/98, into a proceeding under section 145 of the Code, even after observing that a civil suit in respect of the same matter was pending in the civil court. 3. The law is well settled that once the parties are before the civil court, they must obtain interim orders in any kind of dispute through the civil court which has vast powers including powers to attach the land or to appoint a receiver and it is not proper for the Executive officers to interfere in such matters under Section 145 of the Code of Criminal Procedure. 3 4. In view of such settled law and there being no dispute over relevant facts, the prayer made in this application is allowed and the impugned order dated 20.6.1998 is quashed. (Shiva Kirti Singh, J.) Patna High Court The 11th March, 2010 NAFR / S.Kumar