Abdul Hameed Ansari v. The State Of Bihar, Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.589 of 2016 ======================================================

1. Abdul Hameed Ansari Son of Late Jafarul Haque, resident of villageNawaka Bazar, Dandaspur, P.S.- Janta Bazar, District- Saran .... .... Petitioner/s

Versus

1. The State of Bihar, Chief Secretary, Govt. of Bihar, Patna

2. The Circle Officer Lahladpur, Chapra, Saran

3. The Sub-Divisional Magistrate Sadar, Chapra

4. The District Magistrate Chapra

5. The Superintendent of Police Chapra

6. The Officer In Charge Janta Bazar Police Station, Chapra

7. Samiullah @ Mullu @ Sainullah

8. Tasauar Ansari Both sons of Rafique Ansari Both 7 and 8 are resident of village- Dhangarha, P.S.- Baniapur, District- Saran

9. Rafique Ansari Son of Late Alijan MIan

10. Khairatan Bibi Wife of Rafiqe Ansari Both 9 and 10 are resident of village- Dhangarha, P.S.- Baniapur, District- Saran

11. Khairul Bibi Wife of Abdul Sattar

12. Abdul Sattar Son of Late Ali Hasan

13. Abdul Gaffar Son of Late Ali Hasan All resident of village- Bithuna, P.S.- Basantpur, District- Siwan .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushal Kishore Mishra, Advocate For the Respondent/s : Mr. Nivedita Nirvikar, GA-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-08-2016 In respect of the land, which has given rise to a dispute between the petitioner and the private respondent Nos. 7 to 13, a proceeding under Section 145 of the Code of Criminal Procedure was drawn and the land was placed under attachment by invoking the provisions of Section 146 of the Code of Criminal Procedure.

Patna High Court Cr. WJC No.589 of 2016 (2) dt.04-08-2016 2/2 As regards drawing of the proceedings under Section 146 of the Code of Criminal Procedure and the passing of the order of attachment, the petitioner's wife, namely, Anwari Bibi, filed Criminal Revision No.344 of 2012, which has been dismissed, on 18.12.2012, by the learned Sessions Judge, Chapra. The remedy of the petitioner, therefore, lies in getting the proceeding 145 Cr.P.C. concluded in accordance with law and/or institute, if the petitioner is so advised, appropriate suit in a Civil Court of competent jurisdiction.

The writ petition, under Article 226 of the Constitution, does not make out any such case, which would warrant exercise of extra-ordinary jurisdiction by this Court under Article 226 of the Constitution.

This writ petition, as has been sought for by learned Counsel for the petitioner, is disposed of as withdrawn with liberty granted to the petitioner to approach this Court with appropriate application, in future, if so advised, and/or take recourse to such provisions of law as may be permissible.

Mkr./- (I.A. Ansari,CJ) U T