IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.518 of 2010 BASHISHT NARAIN SINGH, son of Late Rameshwar Singh, resident of Village-Charaiya Rahika, P.S. Krityanand Nagar (Champanagar Outpost), District-Purnea. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. The Commissioner, Home (Police) Department, Government of Bihar, Patna. 3. The District Magistrate, Purnea. 4. The Sub-Divisonal Magistrate, Sadar, Purnea. 5. The Superintendent of Police, Purnea. 6. The Sub-Divisiolnal Police Officer, Headquarter- 2, Sadar, Purnea. 7. The Circle Officer, Krityanand Nagar, District- Purnea. 8. The Officer-in-Charge, Krityanand Nagar Police Station, District-Purnea. 9. The Incharge, Champanagar Police Outpost, P.S.-Krityanand Nagar, District-Purnea. ---Respondents ----------- 4. 23.3.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for quashing the order dated 25th of April, 2008 passed in Case No.181M/2008 pending before the Sub-Divisional Magistrate, Sadar, Purnea (respondent no.4) in a proceeding under section 144 of the Code of Criminal Proceeding (hereinafter referred to as “the Code”) It is submitted that initially, proceeding under section 144 of the Code was initiated, however, before the petitioner could appear pursuant to the notice and file his show cause, the aforesaid proceeding under section 144 of the Code was converted into one under section 145 and action was also taken in terms of sub-section (8) of section 145 of the Code whereby the Circle Officer, Krityanand Nagar was directed to harvest the crops standing on the - 2 - land in question with the assistance of the Officer-in-Charge of Champanagar Police Outpost and submit a report. Learned counsel for the petitioner further submits that while the land was under attachment, the members of the second party of the said proceeding unauthorizedly came over the land in violation of the order of the Sub-Divisional Magistrate, which led to the lodging of the First Information Report by the Karmachari of the said Anchal, vide Annexure 11. Notwithstanding the above, it is submitted that while the proceeding under section 145 of the Code was pending, the members of the second party of the said case encroached upon the land; with the result the cultivation could not be carried on putting the petitioner in serious loss. Learned counsel appearing for the State with reference to the statements made in the counter affidavit submits that pursuant to Krityanand Nagar (Champanagar) Police Station Case No.33/2009, registered on 23rd of November, 2009 (Annexure 11), the police after investigation submitted the charge sheet against the accused persons and also posted the armed force to prevent any encroachment over the land preventing the accused persons to erect their hutments over the land in question. Learned counsel for the petitioner submits that the persons who have made encroachment over the land, they deserve to be removed from the land in question and the proceeding, which was converted under section 145 of the Code, be finally concluded without further delay. Considering the rival submissions of the parties, it goes - 3 - without saying that the proceeding under section 145 of the Code, if pending before respondent no.4, deserves to be concluded expeditiously without unnecessary delay. Let the said proceeding be concluded expeditiously, preferably within a period of three months on receipt/production of the certified copy of the present order. The Sub-Divisional Magistrate, Sadar, Purnea (respondent no.4) is further directed that if anyone has made encroachment over the land in question during the pendency of the proceeding, the same may also be removed in accordance with law. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)