The Patna High Court dismissed an application filed under Section 482 Cr.P.C. against an order converting a proceeding under Section 144 Cr.P.C. into one under Section 145 Cr.P.C. The court held that no illegality or abuse of process was found.
Application filed under Section 482 Cr.P.C. against the impugned order was dismissed.
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.54200 of 2013
====================================================== Yashwant Singh, son of Baijnath Singh, R/o Bahadurpur, Near Railway Gumti, P.S- Bahadurpur, District-Patna. .... .... Petitioner Versus 1. The State of Bihar, 2. Gayanand Yadav, Son of Dinesh Chandra Yadav, R/o Sheesh Mahal Apartment, Near Bahadurpur Gumti, Flat No. B/3E, P.S. Bahadurpur, District-Patna. 3. Rajesh Kumar, Son of Rajendra Singh, R/o Mohalla- Laljee Tola, P.S. Kotwali, Patna, Proprietor Ravi Developers, Patna. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Ram Yash Singh For the Opposite Parties : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 20-06-2016 Heard. This application has been filed under Section 482 of Cr.P.C. against the order dated 22.06.2013 passed in Miscellaneous Case No. 138 of 2013, whereunder the proceeding of 144 Cr.P.C. was converted into a proceeding under Section 145 Cr.P.C. in which the petitioner was the member of the first party and O.P. No. 2 and 3 were the members of the second party with direction to the parties to appear and filed their written statement till 20.07.2013 as the dispute is related to possession in respect to the land in dispute.
On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for
Patna High Court Cr.Misc. No.54200 of 2013 (3) dt.20-06-2016
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interference in jurisdiction under Section 482 Cr.P.C. Accordingly, this application is hereby dismissed
(Rajendra Kumar Mishra, J) manish/U T
1 issue framed by the court
Whether the State had to show an illegality amounting to abuse of process of court to interfere under Section 482 Cr.P.C. in the impugned order converting proceedings under Section 144 Cr.P.C. to Sect
3 provisions across 1 enactments
Yashwant Singh
The State of Bihar
Gayanand Yadav
Rajesh Kumar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
