IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19294 of 2007 1. NAGENDRA RAI 2. Bibha Devi, W/o Jai Ram Sah, Both residents of village – Rahar Diyara, Post and P.S. Sonepur, District – Saran ….. Petitioners Versus 1. RAJEEV RANJAN SINGH, S/o Late Jogendra Singh, R/o Paharichak, P.S. Sonepur, District Saran. 2. State of Bihar ….. Opp. Parties. For the petitioner : M/s Shivnandan Prasad Singh and Ashok Kumar No. 1, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. No. 2 : Mr. Arbind Kumar Singh, Advocate ----------- O R D E R The members of the second party in a proceeding under section 145 Cr.P.C., being case No. 531 of 2004, have moved this application under section 482 Cr.P.C. for quashing of the order dated 23.7.2004, passed therein by the learned Sub-Divisional Magistrate, Sonepur, whereby he has initiated the said proceeding. The bone of contention appears to be 3 kathas 10 dhurs and 7 kathas of land appertaining respectfully to plot nos. 930 and 932 of khata no. 40 in village Nagar Mira, Post Sonepur, in the District of Saran. It appears that the first party, impleaded as O.P. No. 1 herein, filed an application before the learned Sub Divisional Magistrate, Sonepur, on 23.7.2004 for initiating a proceeding under section 145 Cr.P.C. in respect of the said lands and the learned Magistrate, allegedly without being satisfied that there existed an eminent danger of breach of peace or holding an enquiry drew up the - 2 - said proceeding on the same day by writing the said order on the application itself. It further appears that the petitioners appeared and filed a petition for dropping the proceeding on the ground that earlier also a proceeding under section 144 Cr.P.C. was decided in their favour and that Title Suit No. 37 of 2003 filed by the first party was pending in the Civil Courts wherein the injunction petition filed by him had been rejected. However, the petition aforesaid did not find any favour with the learned Magistrate who dismissed the same by order dated 20.11.2004. Aggrieved thereby, the petitioners herein moved the Sessions Judge, Saran at Chapra through Criminal Revision No. 293 of 2004 and the same was dismissed for non prosecution by order dated 9.6.2004 when the petitioners did not appear on the case being called out. This was followed by an application for restoration of the said revision which was allowed by the learned Sessions Judge by order dated 17.8.2005. Now it was the turn of the first party O.P. No. 1 to move this Hon’ble Court under section 482 Cr.P.C. vide Cr. Misc. No. 32559 of 2005 challenging the order dated 17.8.2005 of the Sessions Judge and a Bench of this Court by order dated 14.8.2006 allowed the Cr.Misc. case. The learned counsel for the petitioners in advancing his submissions has sought to point out the illegality committed by the learned Magistrate in initiating the proceeding under section 145 Cr.P.C. and dismissing his petition for dropping the said proceeding by reason of the pendency of the Title Suit and rejection therein of the prayer of the plaintiff for injunction as also the earlier proceeding - 3 - under section 144 Cr.P.C. having been decided in favour of the petitioners herein. A prayer has been made to drop the proceeding under section 145 Cr.P.C. pending before the learned Magistrate, Sonepur. The net result that surfaces from the facts stated above is that the Criminal Revision preferred by the petitioners herein stands dismissed by virtue of the order passed in Cr. Misc. No. 32559 of 2005 against which the petitioners have not moved a higher forum. The same has achieved finality and cannot now be interfered with. What the petitioners now want is for this court to review all the orders passed so far which is neither permissible nor warranted in view of the order of this Court in Cr.Misc. No. 32559 of 2005 which apart from the revisional court’s order and the order of the learned Magistrate has become final. Due regard being had to the facts and circumstances of this case and the discussion made above I find no merit in this application which is dismissed. Patna High Court, Patna. Dated : The 30th of January, 2009 Sanjay Pd./A.F.R. (Abhijit Sinha, J.)