IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.796 of 2010 MD. NEJAMUDDIN @ MD. NEJAM MIAN SON OF CHHOTAN MIAN, RESIDENT OF MOHALLA NEEMGANJ, P.S. BIHAR, DISTRICT- NALANDA Versus 1. STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NALANDA 3. THE SUPERINTENDENT OF POLICE, NALANDA 4. THE SUB DIVISIONAL MAGISTRATE, BIHARSHARIF, DISTRICT- NALANDA 5. THE CIRCLE OFFICER, BIHARSHARIF ANCHAL, DISTRICT- NALANDA 6. THE OFFICER-IN-CHARGE, BIHAR POLICE STATION, DISTRICT- NALANDA 7. SHANTI DEVI WIFE OF LATE NATHUN SAO, RESIDENT OF MOHALLA NEEMGANJ, P.S. BIHAR, DISTRICT- NALANDA ******** 2 04.02.2011 Heard learned counsels for the petitioner and the State. A counter affidavit has been filed on behalf of the State. Learned counsel for the petitioner submits that the respondent no.4 keeping the proceeding under section 147 Cr. P.C. initiated at the instance of the petitioner to be pending vide Case No. 96 (MP) of 2005, is very frequently initiating proceeding under section 107 Cr. P.C. without any valid justification, which have been detailed in paragraph 15 of the writ application. Learned counsel further submits that the action of the respondent no.4 in initiating the proceeding under section 107 Cr. P.C. very frequently without any valid justification and at the same time keeping the proceeding under section 147 Cr.P.C. pending, can not be sustained in law. Learned counsel for the State submits that there appears to be a dispute between the petitioner and the respondent no.7 with respect to the landed property. Considering the submissions of the parties, in the opinion of the Court, the proceeding under section 147 Cr. P.C. vide Case No. 96 (MP) of 2005 itself deserves to be disposed of. As such, the respondent no.4 is, hereby, directed to dispose of the proceeding under section 147 Cr. P.C. pending between the petitioner and the respondent no.7 expeditiously preferably within a period of two months on receipt/production of the certified copy of the present order. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)