IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.823 of 2010 MD. NEJAMUDDIN @ MD. NEJAM MIAN, son of Chhotan Mian, resident of Mohalla: Neemganj, P.S. Bihar, District Nalanda ---Petitioner Versus 1. STATE OF BIHAR. 2. The District Magistrate, Nalanda. 3. The Superintendent of Police, Nalanda. 4. The Sub-Divisional Magistrate, Biharsharif, District-Nalanda. 5. The Circle Officer, Biharsharif Anchal, District Nalanda. 6. The Officer-in-Charge, Bihar Police Station, District Nalanda. 7. Shanti Devi, wife of Late Nathun Sao, resident of Mohalla: Neemganj, P.S. Bihar, District Nalanda. ---Respondents ----------- 2. 9.2.2011 Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that the Sub-Divisional Magistrate, Biharsharif while keeping the proceeding under section 147 Cr.P.C. pending vide Case No.96(M)/05 with respect to the land in question, he is initiating the proceeding under section 107 Cr.P.C. against him frequently, which could not have been done. Learned counsel appearing for the State submits that the proceeding under section 107 Cr.P.C. is initiated considering the circumstances prevailing at the material time. Without gong into the merit for issuance of proceeding under section 107 Cr.P.C., in my opinion, the original proceeding initiated under section 147 Cr.P.C., which is pending, ought to have been disposed of without delay. In the above circumstances, the Sub-Divisional - 2 - Magistrate, Biharsharif is hereby directed to dispose of the aforesaid proceedings expeditiously, preferably within a period of six weeks on receipt/production of the certified copy of the present order. The writ application stands disposed of. PNM (Shailesh Kumar Sinha, J.)