1. Heard learned counsel for both parties. This petition has been filed for quashing the order passed by the Sessions Judge, Khagaria in Cr. Revision No. 98 of 1998 and also against the order passed by the SDO Gogari on 12.6.1998 in Case No. 298 (M 1996 in a proceeding under Section 145 of the Code of Criminal Procedure (in short Cr PC).

2. In the proceeding under Section 145, Cr PC attachment order was passed although admittedly there was residential house over the plot. The contention of the opposite parties was that they were in physical possession of the residential house but while implementing attachment order, they were disposed. Learned Executive Magistrate considered that position and then had withdrawn the attachment observing that 1st party was in possession of the residential house. That order was challenged before the Sessions Judge in revision. Learned Sessions Judges such observation regarding 1st Partys possession was in respect of attachment alone and the proceeding under Section 145, Cr PC was still continuing. Hence this petition under Article 226 of the Constitution of India.

3. After hearing learned counsel for both the parties and on consideration of al