Jitendra Kumar, J. – The present petition, under Section 482 Cr.P.C. has been preferred by the petitioner impugning the order dated 16.05.2016 passed by Ld. Additional Sessions Judge-IV, Aurangabad in Cr. Rev. No. 48 of 2015 (6 of 2015) whereby Ld. A.S.J. has set aside the order dated 16.05.2015 passed by Ld. Executive Magistrate, Aurangabad in criminal proceeding bearing No. 1629 of 2014 (22 of 2015) whereby Ld. Executive Magistrate had rejected the petition of Respondent No.2, Brijnanadan Singh for dropping the proceeding on the ground of pendency of Title Suit No. 386 of 2014 before Ld. Sub-Judge-I, Aurangabad.

2. Relevant facts, as emerging from the record, are that on the basis of report of the local police station, the proceeding under Section 144 Cr.P.C. was initiated between Md. Taiyab Khan and Sri Brijnandan Singh @ Bablu Singh. The same proceeding under Section 144 Cr.P.C. was converted into a proceeding under Section 145 Cr.P.C. vide order dated 14.10.2014 and during pendency of the proceeding under Section 145 Cr.P.C. the said Brijnandan Singh @ Bablu Singh moved an application before Ld. Executive Magistrate to drop the proceeding under Section 145 Cr.P.C. on the ground that a civil suit bearing Title Suit No. 386 of 2014 has been pending between the parties in dispute of same subject matter before Ld. Sub-Judge-I, Aurangabad and there is no justification to continue the parallel proceeding under Section 145 Cr.P.C. The said suit has been filed by Kalawati Devi and others including Brijnandan Singh @ Bablu Singh against the defendants including Md. Taiyab Khan for declaration of title and permanent injunction along with other ancillary reliefs. The plaintiffs have claimed right and title over the suit property on the basis of purchase made from one Triloki Mistri by means of registered sale deed dated 03.01.1989. The said vendor had title to and possession over the land in question by virtue of auction purchase in execution of decree notwithstanding that the land of Khata 160 was recorded in the names of raiyats and part area thereof was shown as Kabristan in cadestral survey record of rights. The proceeding before Ld. Executive Magistrate is going on in regard to Khata No. 160, Khesra No. 1060 measuring 85 decimal situated at village- Uperdih Charkawan. Police reported to the Executive Magistrate that on account of tension between both the parties, there is apprehension of breach of peace. It is also in the police report that Brijnandan Singh @ Bablu Singh is a man of criminal bent of mind. It further transpires that the property in dispute is not attached by Ld. Executive Magistrate. Only the enquiry regarding possession over the property is going on under Section 145 Cr.P.C.. It further transpires that while rejecting the application of Brijnandan Singh @ Bablu Singh, Ld. Executive Magistrate has held that there is Kabristan, Majjar and Imambara over it and 2nd party Brijnandan Singh @ Bablu Singh is constructing house over it, resulting into dispute between both the parties and there is possibility of apprehension of breach of peace.

3. Being aggrieved by rejection of the application by Executive Magistrate for dropping the proceeding under Section 145 Cr.P.C., 2nd party Brijnandan Singh preferred Criminal Revision bearing No. 48 of 2015/ 06 of 2015 before Sessions Court and vide impugned order dated 16.05.2016, Ld. Additional Sessions Judge-IV, Aurangabad had allowed the revision petition setting aside the order of Ld. Executive Magistrate dated 16.05.2015 and directed Ld. Executive Magistrate to pass order afresh as per law. While allowing the revision petition, Ld. Additional Sessions Judge-IV held - “Ld. Executive Magistrate assumed jurisdiction in utter disregard of law even knowing pendency of Title Suit in between the parties and in respect of same subject matter, in which equally efficacious remedy is available to the parties which is to be ultimately adjudicated completely and effectually”.

4. Heard Ld.