Dismissed

Jaiprakash Singh and Ors. v. the State of Bihar and Ors.

Patna HC3 Sept 2012CR. MISC./17329/2011

Case brief

AI extract

What is this about?

The Patna High Court dismissed a criminal miscellaneous petition challenging the initiation of proceedings under Section 145 Cr.P.C. The Court declined to decide on merits as witnesses had already been examined, directed the lower court to complete proceedings within six months, and dismissed the petition noting no bar on repeated initiations.

What did the court decide?

Petition dismissed; lower court directed to conclude proceedings under Section 145 Cr.P.C. within six months.

Jaiprakash Singh and Ors. Vs the State of Bihar and Ors. — Property and Title | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17329 of 2011

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====================================================== 1. Jaiprakash Singh S/O Late Radharman Singh, R/O Olaha, P.S.Harshidhi, Distt-East Champaran. 2. Bhaghirath @Bhaghirath Prasad S/O Raghunath Mahto, R/O Olaha, P.S.-Harshidhi, Distt-East Champaran 3. Briendra Mahto S/O Adoyata Mahto, R/O Olaha, P.S.-Harshidhi, DisttEast Champaran.

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.... .... Petitioner/s

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Versus

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The State Of Bihar 2. Jainarayan Singh S/O Late Fulena Singh R/O Olaha, P.S.-Harshidhi, Distt-East Champaran.

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar, Advocate For the Opposite Party/s : Mr. Uday Bhan Singh, Advocate For the State Mr. Anisha Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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2 03-09-2012 Heard learned counsel for the petitioners and learned counsel for the State.

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In this case, petitioners are challenging the order dated 23.6.2010 arising from Case No. 596M/2010 by which the court below has initiated the proceeding under section 145 Cr. P.C.

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The counsel for the petitioners submits that the opposite party either by himself or by his son, Pankaj Singh is getting the proceeding initiated under sections 144 and 145 Cr. P.C. Similar proceeding was initiated vide in Case No. 479M of 2008 and the same was quashed by the Sessions court in Criminal

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Patna High Court Cr.Misc. No.17329 of 2011 (2) dt.03-09-2012

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Revision No. 220 of 2008. Thereafter, two more petitions were filed and it is the 4^th time one.

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The counsel for the opposite party has submitted that the petitioners have appeared before the court below and two witnesses have already been examined.

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In this case, instead of litigating the case here, they should go and participate in the proceeding as petitioners are challenging the notice issued u/s 145 of Criminal Procedure Code where as the proceeding has moved further.

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The counsel for the O.P. No. 2 has submitted that earlier Revisional order was allowed on the technical ground as the Sub-Divisional Judicial Magistrate had not recorded proper ground for satisfaction for initiation of proceeding under section 145 Cr. P.C. He has also submitted that the reliance on Annexure4 is misplaced, as this Annexure does not mention the plot number of the land.

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Having considered the rival contention of the parties, this Court is not deciding the case on merit as two witnesses have already been examined and as such, instead of litigating the case here, they should go and participate in the proceeding. So far initiation of proceeding 4^th time either in Section 144 Cr. P.C. or in under section 145 Cr. P.C., there was no bar for initiation of

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Patna High Court Cr.Misc. No.17329 of 2011 (2) dt.03-09-2012

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proceeding, only required conditions are to be satisfied either in under section 144 Cr. P.C. or in under section 145 Cr. P.C.

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In this view of the matter, this Court does not feel inclined to interfere with the notice of initiation of proceeding under Section 145 Cr. P.C. However, the court below is directed to complete the proceeding under Section 145 Cr. P.C. within six months from the date of receipt/production of copy of this order and parties are expected that they will co-operate in the proceeding under Section 145 Cr. P.C.

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With this observation and direction, this petition is

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dismissed.

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(Shivaji Pandey, J)

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Mahesh/-

Jaiprakash Singh and Ors. v. the State of Bihar and Ors.

Case brief

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Jaiprakash Singh and Ors. v. the State of Bihar and Ors.

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