Md. Firoj and Ors. v. the State of Bihar and Ors.
Case brief
What is this about?
Cr.Misc. No.9709 of 2011 (5) dt.16-07-2012…
What did the court decide?
liberty to raise objections in the court below
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Patna High Court Cr.Misc. No.9709 of 2011 (5) dt.16-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9709 of 2011
====================================================== Md. Firoj & Ors. .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. A.K.Thakur,Adv. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 5 16-07-2012 Heard learned counsel for the petitioner and for the State.
In this case petitioners are challenging the order dated 11th November 2010 whereby and whereunder the court below has converted the proceeding from Section 144 to 145 Cr.P.C.
Counsel for the petitioners has raised several points, including that the court while converting the proceeding into 145 proceeding has not recorded the satisfaction of apprehension of breach of peace.
Counsel for the petitioners has fairly submitted that he should be given liberty to raise all the points in the court below.
Having considered the submission of the petitioners and there being no objection from the State, this petition is disposed of with the direction to the petitioners to file their show
Patna High Court Cr.Misc. No.9709 of 2011 (5) dt.16-07-2012
cause raising all the objections and the court below will pass the order accordingly.
With this observation, this petition is disposed of.
Jay/-
(Shivaji Pandey, J)
Md. Firoj & Ors.
The State Of Bihar & Ors.
Shivaji Pandey
As recorded by the court registry
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