HARDEO CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for setting aside the order dated 20-10-1994 passed by the Executive Magistrate in Case No.MI/2069/94 in which the proceeding under Section 144 of the Code of Criminal Procedure (in short the 'Code') has been initiated under Section 145 of the Code.

(2.) A proceeding under Section 144 of the Code was initiated by the Executive Magistrate on 25-8-1994 with respect to Plot No. 983 under khata No. 335 measuring an area of 3 Katha 17 dhurs. The petitioners were noticed to appeal and filed their show cause.

(3.) Learned Counsel appearing on behalf of the petitioner has submitted that since the matter is pending before the Civil Court the proceeding should be dropped as also there was no apprehension of breach of peace. He has further submitted that the hearing of the suit has been commenced and number of witnesses have been examined, therefore, the initiation of the proceeding under Section 145 of the Code will be an abuse of the process of the Court.