IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16318 of 2010 1. NARESH JHA, SON OF LATE BALAKANT JHA 2. GANESH JHA, SON OF LATE BALAKANT JHA BOTH RESIDENTS OF VILAGE NAWADA, P.S. BAHERA, DISTT. DAARBHANGA ------ 2ND PARTY—PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BINOD KUMAR JHA, SON OF LATE SHUBHKANT JHA, RESIDENT OF VILLAGE NAWADA, P.S. BAHERA, DISTT. DARBHANGA. 1ST PARTY ----- OPPOSITE PARTIES. ----- OPPOSITE PARTY. ----------- 2. 06.01.2011 Heard the parties. The petitioners have sought quashing of the order dated 19.1.2010 passed in M.R. No. 218 of 2006 by Sub Divisional Magistrate, Benipur, by which he has allowed attachment of the disputed property. It has been contended on behalf of the petitioners that the proceeding was initiated in the year 2005 and final orders of attachment was passed in the year 2010 about five years later but without arriving at a satisfaction that there was still an apprehension of breach of peace. The learned counsel for the Opposite Party No. 2 is unable to refute the contentions, raised on behalf of the petitioner. Considering that Sections 144, 145 and146 Cr. P.C. are for emergent situations and satisfaction has to be recorded by the court below that such a situation still exists, I am inclined to set aside the order dated 19.1.2010. It has been submitted 2 that the proceeding under Section 145 Cr. P.C. is still continuing so, the Magistrate is directed to expedite the same and conclude it positively within a period of six months from the receipt of this order. With this observation, the application is disposed of. S.Ali ( Anjana Prakash, J.)