IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.151 of 2006 KAUSHAL KISHORE AGRAWAL & ANR Versus STATE OF BIHAR & ORS ----------- 7. 20.08.2008. This application has been filed for setting aside the order dated 17.1.2006 passed by SDM, Begusarai in Case No. 391 of 2005 thereby the proceeding initiated under section 144 Cr.P.C. has been converted into 145 Cr.P.C. Heard learned counsel for both the parties. The submission of learned counsel for the petitioners is that the matter has already been decided in title suit twice. In spite of that the opposite parties have got the proceeding under section 145 Cr.P.C. initiated. In support of it, annexure-4 has been filed. On the other hand, learned counsel for opposite parties submits that in a writ bearing C.W.J.C. No. 1161 of 2006 vide order dated 31.10.2007 the District Magistrate-cum-Collector, Begusarai has been directed to consider the representation filed by opposite parties regarding the encroachment said to be made over the land in dispute. The matter is already pending before the District Magistrate, Begusarai. Under the facts and circumstances, this Cr. Revision is allowed. Impugned order dated 17.1.2006 - 2 - passed by SDM, Begusarai in Case No. 391 of 2005 is hereby set aside. Both the parties are directed to canvass their case before the District Magistrate in a proceeding which has already been initiated in compliance of the order passed in C.W.J.C. No. 1161 of 2006. kanchan (Ghanshyam Prasad, J.)