IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.960 of 2006 PARAS NATH YADAV Versus STATE OF BIHAR & ANR ----------- 4 31.7.2008 This application has been filed for setting aside the order dated 25.9.2006 passed by the Additional Sessions Judge-4, Patna in Criminal Revision 782/04 thereby the order dated 19.4.2004 passed by S.D.M.Sadar, Patna initiating a proceeding under Section 145 of the Code of Criminal Procedure between the parties has been set aside. Heard learned counsel for the petitioner as well as opposite party no.2. Submission of learned counsel for the petitioners is that the ground mentioned in paragraph 4 of the impugned order for dropping the proceeding under Section 145 of the Code of Criminal Procedure is erroneous and against the law. The dispute is with regard to boundary wall standing over Survey Plot no. 1065 Holding No.14, Circle No.36 ward No.19 (Old), 37 (New) situated at Mohalla Musallahpur Bari Path, P.S.Pirbahore, Patna. There is specific provision under Section 145 of the Code of Criminal Procedure for initiating a proceeding to decide the dispute likely to cause a breach of peace concerning any land or water or the boundaries. However, the court below without considering the provision of Section 145 of the Code of Criminal Procedure has set aside the order of initiation of proceeding by the learned Magistrate on the ground that it shall not be started in respect of dwelling house/boundaries. - 2 - On the other hand, learned counsel for Opposite Party no.2, submitted that title has already been decided in partition suit. The subject matter of dispute has been allotted to the share of Opposite Party no.2 in partition suit. Considered the submission of both parties and also the provision of Section 145 of the Code of Criminal Procedure. The dispute is with regard to boundary wall situated over plot no.1065. The learned Magistrate after being satisfied that there was apprehension of breach of peace between the parties in respect of boundary wall initiated a proceeding under Section 145 of the Code of Criminal Procedure against the member of both parties. The initiation of proceeding was perfectly legal in the eye of law. The learned Additional Sessions Judge has wrongly interfered with the order of initiation of proceeding under Section 145 of the Code of Criminal Procedure. The grounds mentioned for interference is also not legally valid. This application is accordingly allowed and the impugned order dated 25.9.2006 is hereby set aside. However, the Opposite Party no.2 shall be at liberty to take recourse to Section 145(5) of the Code of Criminal Procedure at the appropriate stage of the proceeding. B.Jha (Ghanshyam Prasad)