IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57780 of 2007 1. UDESHWAR YADAV & 2. SAKALDEEP YADAV, BOTH RESIDENT OF SIRIBIGHA JEHANABAD. VERSUS 1. STATE OF BIHAR & 2. RAM SWARRUP YADAV, SIRIBIGHA, JEHANABAD. ----------- 7 08.01.2010. Petitioners pray for quashing the notice dated 20.11.2007, by which the Sub Divisional Magistrate, Jehanabad has initiated 145 Cr.P.C. proceeding on the petition filed by the opposite party as well as notice in 145 Cr.P.C. proceeding dated 4.4.2006, passed by the SDM, Jehanabad in case no. 293 of 2006. Opposite party no.2 seems to be claiming the property in dispute on basis of inheritance being descendent of original owners. Counsel for the petitioner submits that as in respect of same land, Title suit being No. 54 of 2008 is pending between the parties in the trial court, a criminal prosecution cannot continue in view of observations of this Court made in case of Ram Sumer Puri Mahant Vs. the State of Uttar Pradesh and others, reported in (1985)1 SCC 427, and the same may be dropped. Counsel for the opposite party number 2 submits that such proceeding can continue, if question of possession not involved in the title suit. After hearing the counsel for the parties, I dispose of the instant petition with liberty to the petitioners to plead before the learned Magistrate that the proceeding may be dropped. It would be equally open to the opp party to place his side of view. Shashi. (Samarendra Pratap Singh,J.)