PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of opposite party No. 2 as also the learned Counsel for the State.

(2.) The petitioner questions the order of attachment passed under Section 146(1) Cr.P.C. in a pending proceeding under Section 145 Cr.P.C.

(3.) The opposite party No. 2 filed an application on 3.5.2003 for initiation of a proceeding under Section 144 Cr.P.C. arising out of an apprehension of breach of peace by the reason of residential construction being made by the petitioner upon the subject lands in Mauza Mohammad pur, Khata No. 76 Khesara No. 344, measuring 4 Katha 14 dhurs 10 dhurki The. Subdivisional Magistrate called for a report from, the police. The report dated 7.5.2003 at Annexure 3 states that presently the opposite party (petitioner herein) was carrying on construction work upon the lands. Two brick rooms with a thatched roof had been built, earth had been filled for levelling the land and 15 pillars had been constructed by the opposite party (petitioner herein). The proceedings under Section 144 Cr.P.C. were then initiated requiring the parties to file their show cause with a direction to both parties not to go upon the lands. On 21.7.2003 the proceedings were converted into one under Section 145 Cr.P.C. It is not in dispute between the parties that this was so done during subsistence of the order under Section 144 Cr.P.C.