MOHAMMAD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the petitioner and the State.

(2.) This application under sec. 482 of the Cr.P.C. has been filed to quash the order dated 10.3.2005 passed by Sub Divisional Magistrate, Barsoi, Katihar in Case no. 91M of 2004 thereby and thereunder the proceeding initiated under sec. 145 of the C.P.C. in between the parties has been dropped under sec. 145(5) of the Cr.P.C.

(3.) The admitted fact is that a proceed ing under sec. 145 of the Cr.P.C. was initiated on the basis of the petition filed by the petitioner on 1.4.2004. Before the filing of the petition for initiation of proceeding u/s 145 of the Cr.P.C. the petitioner had already filed a title suit on 27.2.2004 over the same piece of land before the court of Sub-Judge-I at Katihar bearing Title Suit no. 20 of 2004.