Rama Nand Roy & Ors vs State Of Bihar & Anr on 14 September, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.18251 of 2008
                         Rama Nand Roy & Ors
                                 Versus
                          State Of Bihar & Anr
                                -----------

For the Petitioner–Mr. Ansuman
For the O P – Mr. Umashankar Prasad Singh
For the State —– Mr. Amitesh Kumar.

03 14.09.2011 This application under Section 482 Cr.P.C is

directed against the order dated 16.12.2007 passed by

S.D.M in case No. 306/07 under Section 145 Cr.P.C whereby

both the parties have been directed to file their written

statements.

Learned counsel appearing on behalf of the

petitioner submits that in the proceeding under Section 145

Cr.P.C second party/ petitioner filed an application (

Annexure -1) before the court of S.D.M saying that the

partition suit No. 72/ 1972 is decreed by sub Judge Hajipur

and the appeal is pending before the Hon’ble Court but

without looking into the same, the Magistrate has passed the

impugned order. It has also been submitted by the learned

counsel that a civil appeal is pending therefore proceeding

under Section 145 Cr.P.C between the parties could not be

cotinued.

2

It appears from the impugned order both the parties were

directed to file their written statements in proceeding under

Section 145 Cr.P.C. Mere pendency of civil suit will not bar

the proceeding unless the suit is for possession or title in

which relief of possession can be sought for.

There is nothing in the impugned order which

shows abuse of the process of the court therefore, this

application is dismissed.

Namita                         ( Rajendra Kumar Mishra, J.)