IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21681 of 2010 RAMADHAR MISHRA S/o Late Babulal Mishra, R/o village- Rampur, Khajuria, P.S. Dumaria Ghat, District- East Champaran …Petitioner Versus 1. THE STATE OF BIHAR & 2. Braj Kishore Mishra, S/o Late Lalan Mishra, R/o village- Rampur, Khajuria, P.S. Dumaria Ghat, District- East Champaran …Opposite Parties ----------- 2/ 08.03.2011 Heard the parties. The petitioner is aggrieved with the order dated 11th March, 2010 passed by the 1st Additional Sessions Judge, Motihari, in Cr. Revision No. 17/17 of 2009 by which the order dated 13.13.2008 passed by the S.D.M., Chakia, in Case No. 666-M/2004 has been set aside. By the said order, the S.D.M., Chakia, has dropped the proceeding under section 144 C4. P.C. and released the disputed land from attachment and receivership. It has been submitted that the revisional court has not considered that the order by the S.D.M., Chakia, was passed on 13.12.2008 i.e. when there was no apprehension of breach of peace existing between the parties as also in view of the fact that a civil suit was pending between them the proceeding under section 145 Cr. P. C. should not have proceeded. In view of such, this application is allowed and the order dated 11th March, 2010 passed by the 1st Additional Sessions Judge, Motihari, in Cr. Revision No. 17/17 of 2009 is hereby set aside. However, if the parties at any later stage feel that there is apprehension of breach of peace, they will be at liberty to resort such procedure as prescribed by law. JA/- (Anjana Prakash,J.)