IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.224 of 2009 1. DOMAN YADAV @ DOMAN MAHTO 2. Bishnudeo Prasad Yadav @ Bishundeo Yadav @ Bishnudeo Mahto, Both sons of late Shree Lal Mahto. 3. Rajesh Kumar Raman @ Rajesh Kumar 4. Shailesh Kumar, 3 and 4 are sons of Bishundeo Yadav 5. Ashok Yadav @ Ashok Prasad Yadav 6. Ramashish Yadav 7. Ramakant Yadav, 5 to 7 are sons of Doman Yadav All are resident of Village- Siraiya, Police Station- Sahebpur Kamal, District- Begusarai. . . . . Petitioners. Versus 1. THE STATE OF BIHAR through the Collector, Begusarai, 2. The Collector, Begusarai, 3. The Sub-Divisional Magistrate, Sub-Division, Ballia, District- Begusarai, 4. The Circle Officer, Sahebpur Kamal, P.S. Sahebpur Kamal, District- Begusarai, 5. Harbansh Mahto son of late Shree Lal Mahto, resident of Village- Siraiya, Police Station- Sahebpur Kamal, District- Begusarai. . . . . . . Respondents. ----------- 7/ 23.07.2010 Heard learned counsel for the petitioners and the State as well as private respondent. In this writ application, the petitioners have prayed for quashing the order dated 02.12.2008 passed in Cr. Rev. No. 249 of 2008 by learned Sessions Judge, Begusarai by which he has affirmed the order dated 03.09.2008 passed by learned Sub-Divisional Magistrate, Ballia for initiating a proceeding under Section 145 of Cr.P.C. vide case no. 150 M of 2008. Learned counsel for the petitioners submits that the aforesaid proceeding started on mere petition of the opposite party without initiating any enquiry or verification. He further submits that the property has wrongly been stated as Public Religious Trust. He further submits that petitioners are in exclusive possession of the aforesaid property. - 2 - Counsel for the respondents submits that if an Executive Magistrate is satisfied upon any information that the dispute is likely to cause breach of peace, he can initiate a proceeding under Section 145 of Cr.P.C. He further submits that under Section 145(5) of Cr.P.C., the petitioners can file an application before the Magistrate for cancelling the aforesaid order, if they satisfy that no dispute as aforesaid exist. Heard counsel for the parties, the petitioners have come to this Court against the initial order under Section 145 of Cr.P.C., the Magistrate has recorded his suggestion for initiating a proceeding, as there was apprehension of breach of piece. If the petitioners find that the proceeding has wrongly been initiated they can always file an application before the Magistrate under Section 145(5) of Cr.P.C. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)