RAM PUKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have challenged the entire proceeding in connection with M.R. No.991 of 2017 pending before the Sub-Divisional Magistrate, Samastipur. The petitioners have specifically challenged the order dated 25.07.02017 whereby a proceeding under Section 144 Cr.P.C. was initiated vide the aforesaid M.R. No.991 of 2017, order dated 15.09.2017 whereby the proceeding under Section 144 Cr.P.C. was converted into a proceeding under Section 145 Cr.P.C. and by filing I.A. No.1950 of 2018 the petitioners have further challenged the order of attachment dated 22.05.2018 passed in exercise of power under Section 146(1) Cr.P.C. in the aforesaid proceeding.

(3.) The challenge is on the ground that in view of the decree of a competent Civil Court and pendency of a civil suit wherein Opposite Party No.2 had prayed for ad interim injunction, the continuance of the proceeding before the criminal court would amount to abuse of the process of the Court.