Bhuneshwar Rai vs The State Of Bihar Through The ...
2023 Latest Caselaw 971 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Criminal Writ Jurisdiction Case No.290 of 2021
                    Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur
     ======================================================

Bhuneshwar Rai S/o Late Radha Rai, Resident of Village- Bara, Police Station - Behea, District - Bhojpur.

... ... Petitioner/s Versus

1. The State Of Bihar Through The District Magistrate, Bhojpur At Ara, Bihar

2. Shri Dhiraj Kumar Singh, the then Circle officer, Behea Block within the District of Bhojpur at Ara, BIhar.

3. Shri Arun Kumar, the then Sub-Divisional Magistrate, Jagdishpur, District -

Bhojpur at Ara, Bihar

4. Shri Umeshwar Singh, the then Inspector of Police, Behea, Police Station, District - Bhojpur at Ara, Bihar

5. Bachcha Jee Rai S/O Sidhnath Rai, Resident of Village - Bara, P.O. - Bara Kharauni, Police Station - Behea, District - Bhojpur at Ara

6. Rameshwar Rai S/O Late Radha Raman Rai, Resident of Village - Bara, Police Station - Behea, District - Bhojpur at Ara

7. Kameshwar Rai S/O Late Radha Raman Rai, Resident of Village - Bara, Police Station - Behea, District - Bhojpur at Ara

... ... Respondents ====================================================== Appearance :

     For the Petitioner/s      :        Mr. Pramod Kumar, Advocate
     For the State             :        Mr. Manoj Kumar, AC to GP-4
     For the Resp. No.5        :        Mr. Siddharth Harsh, Advocate
                                        Mr. Shadwal Harsh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 14-03-2023

Heard learned counsel for the petitioner, learned counsel

for the State and learned counsel for the Respondent No.5.

The present criminal writ petition has been filed for

quashing the order dated 08.06.2020 passed by Sub-Divisional

Magistrate, Jagdishpur in connection with Case No. 81 of 2020

by which Sub-Divisional Magistrate, Jagdishpur was converted Patna High Court CR. WJC No.290 of 2021 dt.14-03-2023

the proceeding initiated under Section 144 of Cr.P.C. to one

under Section 145 of Cr.P.C..

Counsel for the petitioner submits that the petitioner and

his two brothers have purchased 1.25 acres of land appertaining

to Chak Khata No.57A by virtue of five registered sale deeds.

Counsel further submits that a dispute has arisen between the

petitioner and the family members of the vendors of the

petitioner. A Title Suit No. 197 of 2007 was filed. Present land is

the subject matter of the T.S. No. 52 of 2011. Counsel further

submits that the said title suit was decreed in favour of the

petitioner and his brothers vide judgment and decree dated

23.11.2019 and 30.11.2019 (Annexure-1). Counsel further

submits that when title suit is decided in favour of the petitioner,

then in no case the proceeding under Section 145 of Cr.P.C. is

permissible in the eye of law but ignoring the decision of the

title suit, court of Sub-Divisional Magistrate has passed order

against them and order for initiation of proceeding under

Section 145 of Cr.P.C. has been initiated vide order dated

08.06.2020 passed in Case No. 81 of 2020 which is under

challenged.

Counsel for the State and counsel for the opposite party

opposed the prayer of petitioner and submit that from Annexure- Patna High Court CR. WJC No.290 of 2021 dt.14-03-2023

1 i.e. judgment and decree, it transpires that the said Title Suit

No.52 of 2021 has been instituted for declaration of right title

and interest over the suit land. Counsels further submit that a

declaratory suit shall not create barred for initiation/

continuation of the proceeding under Section 145 of Cr.P.C..

Counsel for the petitioner has placed a judgment reported

in 1985 BBCJ 37 in case of Ram Sumer Puri Mahant vs.

State of U.P. & Anr., in which it has been held that when title

suit has been decided that after decision in the title suit the

proceeding under section 145 of Cr.P.C. is barred.

After hearing the parties and going through the

documents, it is crystal clear that the said Title Suit No. 52 of

2011 is a declaratory title suit in which no relief for possession

has been made whereas proceeding under Section 145 of Cr.P.C.

has been initiated to decide the possession of the party, the

judgment on which the counsel for the petitioner relied talks

about title suit with a relief of granting injunction with

possession, therefore, the said judgment has no applicability in

the present case. This Court is of the view that from the said

Title Suit No. 52 of 2011 only declaration of right title and

interest has been decided and not the possession and therefore,

proceeding under Section 145 of Cr.P.C. is not barred in the Patna High Court CR. WJC No.290 of 2021 dt.14-03-2023

opinion of this Court and hence, the order dated 08.06.2021

passed in Case No. 81 of 2020 legal and not need of interference

at this stage.

Accordingly, the present criminal writ petition is hereby

dismissed.

Both the parties are hereby agreed that Section 145 of

Cr.P.C. proceeding may be decided within a stipulated period of

time, if pending at present.

Court is directed to conclude the proceeding under

Section 145 of Cr.P.C. within three months from the date of

communication/production of the order, if proceeding not

concluded.

(Dr. Anshuman, J.) ravishankar/-

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