D.K. Sinha, J. - (1.) THE Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for the quashment of the order dated 18.03.2008 passed by the Sub -divisional Magistrate, Koderma in a proceeding under Section 145 of the Code of Criminal Procedure arising out of case No. 07 of 2008 by which the Petitioners were directed by the notice to appear in the proceeding and to file show -cause for the land appertaining to Khata No. 220/32, Plot No. 1275 and 1274 measuring area 0.10 acre and 0.32 acre at Mouza Gumo P.S. Tilaiya within the district of Koderma. It was further requested for the quashment of the entire proceeding.
(2.) THE subject matter of this petition is that the O.P. No. 2 -Sudhir Kumar Bhadani had filed a petition before the Sub -divisional Magistrate, Koderma against the Petitioners herein for initiation of a proceeding under Section 145 of the Code of Criminal Procedure and the learned S.D.M., Koderma having been prima facie satisfied with the prima facie case issued notice upon the Petitioners vide order dated 18.03.2008, the case No. 07 of 2008 calling upon them to appear in the said proceeding on 04.04.2008 either personally or through their counsel with respect to the disputed land referred to hereinbefore. Prior to that, a proceeding under Section 144 Code of Criminal Procedure was initiated before the S.D.M., Koderma being case No. 226 of 2007 at the instance of the Petitioners herein wherein the O.P. No. 2 i.e. the second party to the proceeding appeared and filed petition for conversion of proceeding into 145 Code of Criminal Procedure for proper adjudication of the dispute between the parties with respect to the disputed land but the proceeding was dropped. Thereafter a proceeding under Section 107 Code of Criminal Procedure was initiated at the instance of Tilaiya police being case No. 23 of 2008 with respect to the allegation of cutting trench over plot No. 1274 and 1275 appertaining to Khata No. 220/32 but instead of preferring any Criminal Revision, the Opposite Party No. 2 herein filed a petition for initiation of a proceeding under Section 145 of the Code of Criminal Procedure with respect to the same disputed plots wherein impugned notices Annexure -3 and 3/A were issued against the Petitioners. The learned Counsel appearing for the Petitioners submitted that notices issued to the Petitioners in a proceeding under Section 145 of the Code of Criminal Procedure at the instance of the O.P. No. 2 first party herein was uncalled for since earlier proceeding under Section 144 of the Code of Criminal Procedure was dropped and the prayer of the O.P. No. 2 herein was turned down whereby he had requested for the conversion of proceeding under Section 145 of the Code of Criminal Procedure. When he failed in his mission, he filed a petition for initiation of separate proceeding under Section 145 Code of Criminal Procedure in which notices were issued to the Petitioner.
(3.) IT is settled that a proceeding under Section 144 Code of Criminal Procedure or under Section 145 Code of Criminal Procedure is not hit by the principle of res judicata. The proceeding initiated under such Sections are preventive in nature restraining the parties in case of imminent apprehension of breach of peace from going upon disputed land. On perusal of the materials produced on the record I find that series of proceedings at the instance of both the parties with respect to the disputed plots and a proceeding under Section 107 was also initiated against both the parties at the instance of police.;