SHAMSHUL HODA ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 24.07.2013 passed by the learned Sub Divisional Magistrate, Narkatiyaganj, in Case No. 1018 of 2013 by which the learned Magistrate has directed to initiate proceeding under Section 145 Cr. P.C. against the parties on report of Officer-in-Charge, Mainatand Police Station and further directed to issue notice to the parties to file show cause in the matter.

(2.) Heard learned counsel for the petitioners, learned counsel for the opposite party No. 2 and the State.

(3.) Learned counsel for the petitioners has submitted that Title Suit No. 315 of 2013 is pending between the parties. Therefore, the continuance of proceeding under Section 145 Cr. P.C. is bad in law. He has relied upon a decision (Pramod Shankar Verma Vrs. The State of Bihar & Another, (2007) 2 PLJR 110) in support of his aforesaid submission.