Dismissed

Mokhtar Alam v. The State Of Bihar and Ors.

Patna HC27 Jun 2016CR. MISC./29633/2014

Case brief

AI extract

What is this about?

This criminal miscellaneous application filed under Section 482 Cr.P.C. sought quashing of an order converting proceedings from Section 144 to Section 145 Cr.P.C. relying on pending civil suits. The court found no illegality and dismissed the application, advising the petitioner to raise objections under Section 145(5) Cr.P.C.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed; no interference with impugned order.

Mokhtar Alam Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.29633 of 2014

¶3

====================================================== Mokhtar Alam, Son of Mahboob Alam, Resident of Village - Dharmparsa, P.S.- Majhagarh, District – Gopalganj. .... .... Petitioner Versus 1. The State of Bihar, 2. Abdul Kayum, Son of Sheikh Gulamuddin 3. Md. Yunus, Son of Sheikh Gulamuddin, Both Resident of Village - Dharmparsa, P.S.- Majhararh, District - Gopalganj .... .... Opposite Parties. ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

¶4

3 27-06-2016 Heard.

¶5

This application has been filed under Section 482 of the Cr.P.C. against the order dated 17.04.2014 passed in Cr. Revision No. 333 of 2013, whereunder, the learned Addl. District and Sessions Judge-IV, Gopalganj dismissed the aforesaid Criminal Revision of the petitioner preferred against order dated 04.04.2013 passed in case No. 367 of 2013 converting the proceeding of Section 144 Cr.P.C. into Section 145 Cr.P.C. in which the petitioner was the member of the second party and O.P. Nos. 2 and 3 were the members of the first party with direction to appear and file their written statement.

¶6

The submission of the learned counsel for the petitioner is that Eviction Suit No. 367 of 2012 filed by the O.P. No. 3 against the petitioner is pending before the Court of Sub-Judge-I, Gopalganj

¶7

Patna High Court Cr.Misc. No.29633 of 2014 (3) dt.27-06-2016

¶8

2/2

¶9

regarding the same and partition suit No. 282 of 2013 filed by the O.P. No. 2 and 3 against the co-sharer including the vendor of the petitioner is also pending. As such impugned order dated 17.04.2014 affirming the order dated 04.04.2013 passed in Case No. 367 of 2013 by the S.D.M. Gopalganj converting the proceeding under Section 144 Cr.P.C. into Section 145 Cr.P.C. is bad in law.

¶10

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. As far as submission of the learned counsel for the petitioner is concerned, he is al liberty to raise his objection under Section 145(5) Cr.P.C. to drop the proceeding of Section 145 Cr.P.C.

¶11

(Rajendra Kumar Mishra, J)

¶12

manish/U T

Mokhtar Alam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mokhtar Alam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anuj Kumar and Anr. Vs State Of Bihar and Anr.

Shivanandan Prasad Singh Vs The State Of Bihar and Ors.

Dr. Anil Sulabh Vs The State Of Bihar

Md. Jilani and Anr. Vs State Of Bihar and Anr.

Dhanush Dhari Prasad Vs The State Of Bihar and Ors.

Jaymangal Singh Vs State Of Bihar and Anr.