IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18251 of 2008 Rama Nand Roy & Ors Versus State Of Bihar & Anr ----------- For the Petitioner—Mr. Ansuman For the O P - Mr. Umashankar Prasad Singh For the State ----- Mr. Amitesh Kumar. 03 14.09.2011 This application under Section 482 Cr.P.C is directed against the order dated 16.12.2007 passed by S.D.M in case No. 306/07 under Section 145 Cr.P.C whereby both the parties have been directed to file their written statements. Learned counsel appearing on behalf of the petitioner submits that in the proceeding under Section 145 Cr.P.C second party/ petitioner filed an application ( Annexure -1) before the court of S.D.M saying that the partition suit No. 72/ 1972 is decreed by sub Judge Hajipur and the appeal is pending before the Hon’ble Court but without looking into the same, the Magistrate has passed the impugned order. It has also been submitted by the learned counsel that a civil appeal is pending therefore proceeding under Section 145 Cr.P.C between the parties could not be cotinued. 2 It appears from the impugned order both the parties were directed to file their written statements in proceeding under Section 145 Cr.P.C. Mere pendency of civil suit will not bar the proceeding unless the suit is for possession or title in which relief of possession can be sought for. There is nothing in the impugned order which shows abuse of the process of the court therefore, this application is dismissed. Namita ( Rajendra Kumar Mishra, J.)