- (1.) HEARD learned counsel for the petitioner, learned counsel for the State and Mr. Saurav Arun, learned counsel appearing on behalf of the opposite party no. 2. No body appears on behalf of the opposite party no. 3.
(2.) THIS application is directed against the order dated 25.11.2003 passed by Smt. M.J. Tigga, learned Executive Magistrate, Sadar, Hazaribagh in Case No. M. 369 of 1991 arising out T.R. No. 317 of 2003 directing the parties to produce their evidences. Learned counsel for the petitioner submitted that a suit being Title Suit No. 27 of 1994 filed before learned Sub -Judge, Hazaribagh, is pending between the parties with regard to the land in question; and therefore the proceeding under Section 144/ 145 of Cr.P.C. continuing since 1991, is meaningless. 1992 (1) BLJ 522 [1991 (2) PLJR 552] (Smt. Kalindi Devi vs. State of Bihar and Ors.) He further submitted that the property was attached and receiver was appointed in the said proceeding on 20.9.1993, which was challenged by the petitioner, but this Court did not interfere with such order; and that if this proceeding is dropped, peace may be disturbed.
(3.) LEARNED counsel for the petitioner, in reply, submitted that the petitioner appeared in the proceedings in question in the year 1997, i.e. much after filing of the suit, on the basis of the order passed by this Court. Moreover, in the proceeding in question the evidences were already closed and, therefore, in any event, the learned Magistrate should not have ordered for producing the witnesses afresh.;