IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52964 of 2007 1. SHEOJEE RAI, son of Deo Nandan Rai, 2. Sanjay Rai, 3. Ajay Rai, Both sons of Sheojee Rai & 4. Shukli Devi wife of Sheojee Rai All are resident of village- Karhatiya Bujurg, Post- Karhatiya Bujurg, P.S.-Goraul, District-Vaishali ... (Second Party)-Petitioners Versus 1. THE STATE OF BIHAR & 2. Aruna Devi wife of Late Bindeshwar Rai, resident of village- Jalalpur Gagti, P.S. Mahua, Post- Falar, District- Vaishali …(First Party)-Opposite Parties ----------- For the petitioner : M/s Shiv Nandan Pd. Singh & Ashok Kumar, Advocates For the State : Mr. C. Jawahar, APP For the OP No.2 : Mr. Ratna Deep Prasad, Advocate ---------- 4/ 16.04.2010 Heard learned counsel for the parties. This application has been filed for quashing the order dated 12.4.2007 passed by the Sub-Divisional Officer, Mahua, by which he has attached the land, in dispute, under section 146(1) of the Cr. P. C. in case no. 311 of 2003/ 174 of 2004 and 157 of 2005/251 of 2006. There is no dispute a proceeding under section 144 Cr. P. C. was initiated on the police report on 28.8.2003, and subsequently, the case was converted into a proceeding under section 145 Cr. P. C. till the order was passed on 12.4.2007 attaching the lands in question. Submission is that the proceeding under section 144 Cr. P.C. has continued much after the statutory period and in view of title suit pending between the parties in which injunction has been refused, the present proceeding cannot continue as per the settled principle of - 2 - law. These points have been taken by the petitioners in their petition and the opposite party no.2 despite having received the notice in the case has chosen not to file counter affidavit countering the points enumerated above. In view of such, this application is allowed and the order dated 12.4.2007 passed in Case No. 311 of 2003/174 of 2004 and 157 of 2005/251 of 2006 passed by the Sub-Divisional Officer, Mahua, is hereby set aside. In the result, the application is allowed. JA/- (Anjana Prakash, J.)