The Patna High Court dismissed an application under Section 482 Cr.P.C. challenging a decision to drop proceedings under Section 145 Cr.P.C. pending a title suit. The court found no illegality to warrant interference.
Application under Section 482 Cr.P.C. dismissed; order dated 24.03.2014 upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21187 of 2014
.... .... Opposite Parties
====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh, For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 21-06-2016 Heard. This application has been filed under Section 482 of the Cr.P.C. against the order dated 24.03.2014 passed in Cr. Revision No. 139 of 2013, whereunder, the learned District and Sessions Judge, Sitamarhi, dismissed the aforesaid Criminal Revision preferred by the member of the first party/petitioner against order dated 13.01.2012 passed in Case No. 1615 of 2004, whereunder the Executive Magistrate, Sadar, Sitamarhi dropped the proceeding under Section 145 Cr.P.C. on the ground that Title Suit No.85 of 2011 is pending between the parties regarding the same land in dispute in the Court of Sub-Judge-I, Sitamarhi.
Patna High Court Cr.Misc. No.21187 of 2014 (2) dt.21-06-2016
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On perusal of the impugned order, I find no illegality to interfere with the same in extraordinary jurisdiction under Section 482 Cr.P.C. and accordingly the present application is dismissed.
(Rajendra Kumar Mishra, J.)
manish/-
U T
1 issue framed by the court
Whether extraordinary jurisdiction under Section 482 Cr.P.C. exists to interfere with an order dismissing proceedings under Section 145 Cr.P.C. due to pendency of a title suit.
2 provisions across 1 enactments
Vijay Kumar Singh
The State of Bihar
Ram Binde Rai
Chinta Rai
Ram Umesh Rai
Dinesh Rai
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
