The Patna High Court directed the Sub Divisional Magistrate to conclude proceedings for land attachment under Section 146(1) Cr.P.C. within six months, maintained status quo, and dismissed the application.
Petitioner directed to conclude land attachment proceedings within six months; status quo maintained; application disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3578 of 2014
| ====================================================== 1. Lakshan Deo Singh, son of late Raj Mohan Singh, resident of village- Cheehar North, P.S.-Biddupur, District-Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar 2. The Sub Divisional Magistrate, Hajipur, District-Vaishali. 3. Station House Officer, Biddupur, P.S. and District-Vaishali. 4. Shri Chandra Mani Kumar, son of late Deo Nath Singh, resident of village-Cheehar, P.S.-Biddupur, District-Vaishali. .... .... Opposite Party/s ====================================================== |
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Appearance : For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s : Mr. M. Haque, APP ====================================================== |
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER |
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| 4/ | 09-12-2014 Counter Affidavit filed today be kept with the record. |
| It appears that in the interim period of the proceeding | |
| lands have been attached under Section(s) 146(1) Cr. P. C. |
Considering that these provisions are for emergent
situation, the Sub Divisional Magistrate, Vaishali at Hajipur, is directed to conclude the proceeding of Case No. M1/872/12 positively within a period of six months without giving unnecessary adjournment to any party.
Both the parties are directed to cooperate in disposal of the case. In case, they fail to do so, no further indulgence shall be given to them.
In the meanwhile, status quo shall be maintained.
With the aforesaid observation/direction, the
Patna High Court Cr.Misc. No.3578 of 2014 (4) dt.09-12-2014
2/2
application stands disposed off.
(Anjana Prakash, J)
JA/-
U T
2 issues framed by the court
Whether the proceeding for attachment of lands under Section 146(1) Cr.P.C. should be concluded within six months.
Whether the status quo should be maintained in the interim.
1 provisions across 1 enactments
Lakshan Deo Singh
The State of Bihar
The Sub Divisional Magistrate, Hajipur
Station House Officer, Biddupur
Shri Chandra Mani Kumar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
