1. This application under Section 482 of the Code of Criminal Procedure has been filed by Atma Singh and four other petitioners for quashing the entire proceeding under Section 145 of the Cr.P.C. initiated by order dated 20.5.1994 recorded by Sri A.K.Jaiswal, learned Executive Magistrate, Danapur in case No. 326(M) 94, as well order dated 28.10.1994 recorded by Sri J.P.Ambastha, learned Executive Magistrate, Danapur in the same case. By former order, a proceeding under Section 144 of the Code of Criminal Procedure (Code in short) was converted into a proceeding under Section 145 of the Code and by later order, the property was attached under Section 146 of the Code and the Court appointed Officer-in-charge, Maner Police Station as receiver.

2. The argument on behalf of the petitioners is, under short compass, that Title Suit No. 122/94 is pending in the Court of Munsif, Danapur between the same parties and relating to same disputed land besides some other lands in which the question of title and possession both are involved, hence parallel proceeding cannot run in a Court with criminal jurisdiction. For this, learned counsel has relied upon a decision of this Court reported