Heard Mr. Satyavrat Verma, learned advocate appearing on behalf of the petitioners and Shri Abhitabh Kumar, learned counsel appearing on behalf of the opposite party no.2. Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State is present.

2. The petitioners have challenged the order dated 10.12.2007 passed by the learned Sub Divisional Officer, Narkatiaganj, West Champaran in Case No.1652 of 2007, whereby the prayer made on behalf of the petitioners under Section 145(5) of the Code of Criminal Procedure has been refused and the property in question has been attached under the provisions of Section 146(1) of the Code of Criminal Procedure.

3. The counsel for the petitioners submits that opposite party no.2 earlier preferred an application before the Court of the learned Sub Divisional Officer, Narkatiaganj, West Champaran, leading to institution of a case, namely, Case No. 998 M of 2007. Section 144 of the Code of Criminal Procedure proceeding, which was initiated over the property in question, was ultimately dropped vide order dated 20.08.2007.

4. It has then been submitted by the counsel for the petitioners that after dropping of the 144 proceeding