IN THE HIGH COURT OF JUDICATURE AT PATNA CR. MISC. NO.38825 OF 2009 1. GORAKH SAHI, SON OF LATE SHRI DUDHNATH SAHI 2. RAVI BUISHAN SASHI @ DHANANJAY SAHI, SON OF SHRI GORAKH SAHI 3. SHANKAR SAHI, SON OF SHRI HANSNATH SAHI 4. UMENDRA SAHI, SON OF SHRI SHANKER SAHI ALL RESIDENT OF VILLAGE PARARI, POLICE STATION SISWAN, DISTRICT SIWAN ………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE SUB DIVISIONAL MAGISTRATE, SIWAN 3. MAHESH SAHI, SON OF LATE RAJAL SAHI, RESIDENT OF VILLAGE PARARI, POLICE STATION SISWAN, DISTRICT SIWAN …………………………………………………………………..OPPOSITE PARTIES ********* 2 07/12/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 03.10.2009 by which a proceeding under Section 145 of the Code of Criminal Procedure has been initiated against the petitioners and the petitioners have been asked to file show cause. Learned Counsel for the petitioners submits that the initiation of the proceeding is vague, there is no bonafide dispute with respect to the lands in question and finally it is submitted that the lands in question are actually a residential house and as such the proceeding under Section 145 of the Code of Criminal Procedure is not maintainable. The petitioners are directed to file show 2 cause stating all the objections that have been raised before this Court and the Court below will first consider whether the proceeding under Section 145 of the Code of Criminal Procedure itself is maintainable and after hearing the parties dispose of the same within a period of six weeks, on appearance of the parties before proceeding with the matter any further. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)