ARBIND KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Partition Suit No. 223 of 1987 was brought in the Court of learned Sub-Judge, Muzaffarpur by opposite party no. 13 and 14 herein, namely, Shyam Nandan Jha and Raj Nandan Jha, both sons of Late Srinandan Jha. The suit was against petitioners Pasupati Nath Jha and others. Prayer in the suit was that the suit property (Schedule-I) was already partitioned in the manner described and detailed in Schedule-II of the plaint. Hence, the Court was prayed to declare that Schedule-I property to the plaint was already partitioned by meets and bounds. Alternative, prayer was that if the court comes to the conclusion that Schedule-I property was not partitioned as suggested by the plaintiffs in Schedule-II, the property be partitioned and 1/4th share of the plaintiffs be separated. The suit was dismissed for non-prosecution on 15.12.2005.

(3.) It is not disputed that for the same suit property, a proceeding under Section 145 Cr.P.C. was initiated on the prayer of the petitioners on 07.02.2008. The parties were almost same who were in the partition suit. On 24.07.2008, the entire land under proceeding measuring 14 acres were attached in exercise of power under Section 146(1) Cr.P.C. and the Circle Officer, Muraul was appointed as Receiver. The order of attachment was challenged before the learned Sessions Judge in a criminal revision petition and thereafter before this High Court in an application under Section 482 Cr.P.C. and, at all levels, the order of attachment was found justified. Thereafter, on a report submitted by the same Circle Officer, Muraul dated 26.10.2012 at Annexure-3, the proceeding under Section 145 Cr.P.C. was dropped in exercise of power under Section 145(5) Cr.P.C., by the impugned order dated 09.01.2013 passed in Misc. Case No. 293 of 2008 on the ground that there is no apprehension of breach of peace.