IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.327 of 2009 SMT. AJNASO DEVI Versus STATE OF BIHAR & ORS ----------- 2. 22.04.2009 Vide office report dated 21.4.2009 the application, which has been filed under Criminal Writ Jurisdiction is not maintainable as such and the same is maintainable under Section 482 of the Cr.P.C. as Criminal Miscellaneous Application. The petitioner seeks quashing of Annexure-1 which is a report by police submitted before the S.D.J.M. Masaurhi stating that there was apprehension of breach of peace with regard to possession of a house between petitioner and others and due to this reason, initiation of proceeding under Section 144 of the Cr. P. C. was recommended to be initiated by Sub- divisional Magistrate. The learned counsel for the petitioner says that in this case a proceeding under Section 144 has also been initiated by the Executive Magistrate and the same proceeding is going on and show cause have been filed by the petitioner in that proceeding. The petitioner has filed some documents i.e. copy of Kewala regarding purchase of the land house. Be that as it may, but the basic question which remains to be decided lies with the Executive Magistrate who is in seisin of the proceeding under Section 144 of the Cr.P.C. The petitioner - 2 - does not file any documents with regard to commencement of the proceeding under Section 144 of the Cr.P.C. before the Sub-divisional Magistrate and a direction is sought for by this Court challenging the very preliminary report of the police about the factum of urgency indicating apprehension of breach of peace. But the stratum of the matter which lies before the Executive Magistrate in shape of the proceeding under Section 144 of the Cr.P.C. is not being brought on record. In such view of the matter, I feel that the application is premature. It is neither maintainable as application under Criminal Writ Jurisdiction nor jurisdiction under Section 482 of the Cr.P.C. is involved. In such view of the matters, this application is dismissed as not maintainable. (C.M. Prasad, J.) Ravi/-