JUDGMENT

Date : 28-01-2025

The present petition, under Section 482 Cr.PC, has been preferred by the petitioners against the impugned order dated 16.05.2016, passed by learned Additional Sessions Judge- III, Nawada in Criminal Revision No. 44 of 2015 / 16 of 2016, whereby learned Sessions Court had dismissed the revision petition finding no illegality in the order dated 27.10.2014 passed by learned Sub-Divisional Magistrate, Rajauli, District- Nawada in proceeding bearing No. 1M of 2014, whereby learned Executive Magistrate has attached the subject landed property.

2. The factual background of this case is that the opposite party No.2 herein, Sarojani Devi, filed one petition bearing Proceeding No. 50M of 2013 before learned Sub Divisional Magistrate for initiating proceeding under Section 144 Cr.PC and thereupon, the proceeding under Section 144 Cr.PC was initiated. However, after hearing both the parties, learned Executive Magistrate closed the proceeding under Section 144 Cr.PC and advised the parties to prefer Title Suit before Civil Court, if so advised.

3. Subsequently, the said Sarojani Devi filed one petition under Section 145 Cr.PC, before learned Sub-Divisional Magistrate o