Petitioner sought quashing of an order setting aside a refusal to drop proceedings under Section 145 Cr.P.C. High Court disposed of application, directing Magistrate to proceed afresh on breach or police reports.
Direction to Magistrate to proceed afresh if breach of peace exists, after obtaining police reports and location report within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1151 of 2011
=========================================================== Hari Shankar Singh Son Of Late Surendra Narain Singh Resident Of Hasanpur, P.S. Hasanpur, District- Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Bhupendra Narain Singh Son Of Late Kapleshwar Singh 3. Sanjay Kumar 4. Pawan Kumar Singh Both sons of Bhupendra Narain Singh, resident of Hasanpur, P.S.- Hasanpur, District- Samastipur 5. Chandra Sekhar Singh, son of Bijendra Pd. Singh, resident of Hasanpur, P.S.Hasanpur, District- Samastipur .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Ms. Indu Kumari Sinha, Adv. For the Opposite Partn No. 2 : Mr. Dilip Kumar, Adv. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 18-04-2016
Heard learned counsel for the Petitioner and the State.
The Petitioner seeks quashing of the order dated 6.8.2010 by which the Additional Sessions Judge, F.T.C.-III, Samastipur, in Cr. Revision No. 653 of 2008 has set aside the order of the Executive Magistrate, Rosera, in M.R. No. 561 of 2004, T.R. No. 120 of 2006 by which he has refused to drop the Proceedings of Section 145 Cr. P.C.
Having considered that the dispute still persists, the application is disposed off with a direction to the Magistrate concerned to proceed afresh if there is breach of peace in regard to the
Patna High Court Cr.Misc. No.1151 of 2011 dt.18-04-2016
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land in question after calling for a police reports on the present situation as well as the calling for report as to exact location of the disputed property, within a period of four weeks from the date of receipt of this order.
(Anjana Prakash, J)
S.Ali/-
1 issue framed by the court
Whether the order refusing to drop proceedings under Section 145 Cr.P.C. should be remanded for fresh proceedings.
1 provisions across 1 enactments
Hari Shankar Singh
The State Of Bihar
Bhupendra Narain Singh
Sanjay Kumar
Pawan Kumar Singh
Chandra Sekhar Singh
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
