ORDER

The present petition under Section 482 Cr. PC has been preferred by the petitioner against the impugned order dated 27.04.2016 passed by Ld. Additional Sessions Judge-II, Motihari, East Champaran in Criminal Revision no. 72 of 2013 (87 of 2015) whereby Ld. Revisional Court has set aside the order dated 01.03.2013 passed by Ld. Sub-Divisional Magistrate, Sikarahana (Dhaka) in case No. 138(M) of 2013 whereby Ld. Sub-Divisional Magistrate had initiated proceeding under Section 145 Cr. PC in regard to the landed property bearing Khata No. 134, Khesara No. 540 measuring area 08 Kattha situated in the village Lahan, Dhaka, Police Station Dhaka, directing both the parties to appear in his Court and submit their written statements and adduce evidence. By this order, Ld. Sub-Divisional Magistrate also directed the second party, Kadir, who is O.P. No. 2 herein to file show-cause.

2. It transpires that police station Dhaka had reported to Ld. Sub-Divisional Magistrate that there is tension between both the parties i.e., Mahanth Bharat Das and Kadir and there is apprehension of breach of peace. Officer in-charge of the Police Station therefore recommended initiation of proceeding under Section 145 and 146 of Cr. PC. Subsequently, getting satisfied as per the report of police, Ld. Sub-Divisional Magistrate passed order dated 01.03.2013. However, Ld. Revisional Court by the impugned order set aside the aforesaid order dated 01.03.2013 passed by Ld Sub-Divisional Magistrate holding that the title suit between the parties in regard to the landed property in question is pending in competent Civil Court. Hence, the proceeding initiated before the Ld. Sub-Divisional Magistrate is not maintainable in the eye of law.

3. The case is at the stage of admission.

4. Heard Ld. Counsel for the petitioner on admission.

5. Ld. Counsel for the petitioner submits that the impugned order passed by Ld. Revisional Court is not sustainable in the eye of law. He further submits that in view of tension between the parties, Ld. Sub-Divisional Magistrate had rightly initiated the proceeding under Section 145 of Cr. PC which should not have been set aside by him. However, he admits that a Civil Suit bearing Title Suit No. 2023 of 1997 is pending between the parties as noted by Ld. Revisional court in his judgment.

6. I considered the submissions advanced by the Ld. Counsel for the petitioner and perused the material on record.

7. This Court in Yugal Kishore Choudhary vs. the State of Bihar [2023 (5) BLJ 360], [2023 (4) PLJR 493], AIR Online 2023 PAT 651, has elaborately discussed the scope and extent of jurisdiction under Section 145 Cr. PC. In this case, this Court has held as follows: –

“9. Section 145 Cr. P.C. is the part of Chapter X of the Code of Criminal Procedure, 1973 dealing with maintenance of public order and tranquility. Section 145 Cr. P.C. is the part of Sub Chapter D dealing with disputes as to immovable property. Besides Section 145 Cr. P.C., Section 146, 147 and 148 Cr. P.C. are also part of Sub Chapter D of Chapter X of Cr. P.C. It is found that disputes over the land and water often results in breach of the peace, violence and bloodshed, the Executive Magistrates have been empowered under Section 145-148 to intervene at an incipient stage of such a dispute and to compel the disputants to have recourse to legal remedies. If, upon a report of a police officer or upon other information, an Executive Magistrate is satisfied that a dispute concerning any land or water or the boundaries thereof exists within his jurisdiction, and that such dispute is likely to cause a breach of the peace, he shall make an order in writing requiring the parties concerned in such dispute to attend to his court on a specified date and time, and to put in written statements of their claims regarding the fact of actual possession of the subject of dispute. While making such order, the Magistrate shall state the grounds for his satisfaction referred to above. The very foundati