IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.865 of 2008 MADAN MOHAN PRASAD SINGH Versus STATE OF BIHAR & ORS ----------- 2 13.1.2009 Learned counsel for the petitioner submits that learned Sub Judge-6 by registered sale deed dated 3.3.2005 transferred the lands mentioned therein in favour of the petitioner and the delivery of possession was also given to him by the process of court on 1.2.2008. He further submits that the private respondents in defiance of Annexures-1 and 2 harvested and committed thefts of crops of the petitioner. The petitioner reported this matter to the Officer-Incharge, Tisiouta P.S. vide Annexure-3 but the police instead of registering a substantive case, as the land in question was registered in favour of the petitioner by the process of court, they submitted a report before the S.D.O., Mahua for initiation of a proceeding under section 144 Cr.P.C. It would appear from Annexure-5 that during the continuance of a proceeding under section 144 Cr.P.C. the respondents had cut the crops in question and ploughed the land. The police recommended for initiating a proceeding under section 188 of the Penal Code. It would further appear from the order dated 17.7.2008 that the S.D.M. Mahua has issued show cause to respondents 8 to 15 as to why appropriate action be not taken for violation of the proceeding under section 144 Cr.P.C. It appears from Annexure-1 that the land in question was transferred in favour of the petitioner and the delivery of possession - 2 - KHAN was also given to him by the process of court. In such situation, the Officer-Incharge, Tisiouta P.S. is directed to provide all security to the petitioner for ploughing and harvesting his land. With the aforesaid observations and directions, this writ petition stands disposed of. Let a copy of this order be handed over to learned G.P.9. (S.P.Singh,J)