IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.549 of 2005 BRAJ KISHORE SINGH Versus STATE OF BIHAR & ORS ----------- 6 19.8.2008 This revision application has been filed against the order dated 24.5.2005 passed by Sub-divisional Magistrate, Sadar ,Patna in case no. 140(M) of 2004 thereby the learned Magistrate refused to initiate a proceeding under Section 147 of the Code of Criminal Procedure. Heard learned counsel for the parties. In course of submission learned counsel for the petitioner submitted that there was sufficient material before the court below for initiation of proceeding under Section 147 of the Code of Criminal Proceeding. The learned Magistrate failed to appreciate the materials available in the case and refused to initiate the proceeding. On the other hand, learned counsel for Opposite Parties submitted that the learned Magistrate can draw a proceeding under Section 147 of the Code of Criminal Proceeding only when he finds that there is apprehension of breach of peace. It is subjective satisfaction of the learned Magistrate in order to arrive at a conclusion that there is apprehension of breach of peace. It is further submitted that there was no cogent material before the court below to draw a proceeding under Section 147 of the Code of Criminal Procedure. Considered the submission of learned counsel for the parties. Perused the impugned order. 2 It appears that the learned Magistrate had assigned sufficient reasons in the impugned order for not initiating a proceeding under Section 147 of the Code of Criminal Procedure. Apart from it, option has been given to the parties to move for initiating a proceeding under Section 107 of the Code of Criminal Procedure to avoid breach of peace. Thus, having regard to the facts and circumstances of the case, I find no illegality in the impugned order dated 24.5.2005. Accordingly, this revision application is hereby rejected. B.Jha (Ghanshyam Prasad)