Disposed

Arun Kumar Singh @ Arun Kumar Sinha v. State Of Bihar and Anr.

Patna HC7 May 2019CR. REV./997/2018

Case brief

AI extract

What is this about?

The High Court held that the criminal revision under Sections 397 and 401 CrPC is infructuous as the underlying Section 144 proceeding expired. Disposing of the case, the Court allowed liberty to the petitioner to file a fresh petition under Section 145 CrPC if necessary.

What did the court decide?

Petitioner granted liberty to file a petition under Section 145 CrPC if the situation demands; underlying proceeding deemed lost force.

Arun Kumar Singh @ Arun Kumar Sinha Vs State Of Bihar and… — Landlord and Tenant | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.997 of 2018

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Arising Out of PS. Case No.- Year-1111 Thana- District-

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======================================================

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ARUN KUMAR SINGH @ ARUN KUMAR SINHA, S/o Late Girja Nandan Singh. Resident of Village - Miyachank, P.S. Dhanarua, District - Patna.

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... ... Petitioner/s

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Versus

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State Of Bihar

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Nikesh Prasad, Son of Late Singheshwar Prasad. Resident of Amrapali, Bhoot Nath Road, Near Nalanda Medical College and Hospital, P.S. Agam Kuan, Town and District - Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.D.K.Sinha, Senior Advocate Mr.Abhinay Raj, Advocate For the Respondent/s : Mr.Sir Pawan Kumar Chaurasiya, APP-117 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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5 07-05-2019 Heard learned counsel for the parties.

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This criminal revision has been preferred under

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Sections 397 and 401 of the Code of Criminal Procedure, against the order dated 21.06.2018, passed by the learned SubDivisional Judicial Magistrate, Patna City in Miscellaneous Case No.77 of 2018, whereby the learned court below has dropped the proceeding under Section 144 of the Code of Criminal Procedure.

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Grievance of the petitioner is that the petitioner had already filed a petition to convert the said proceeding into a proceeding under Section 145 of the Code of Criminal Procedure, as the apprehension of breach of peace was for

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Patna High Court CR. REV. No.997 of 2018(5) dt.07-05-2019 2/2

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dispute relating to possession over the land and such dispute cannot be decided in a proceeding under Section 144 of the Code of Criminal Procedure.

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The impugned order as well as the impugned proceeding has lost its force after expiry of statutory period of two months. Hence, this criminal revision is infructuous now.

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However, petitioner would be at liberty to file a petition under Section 145 of the Code of Criminal Procedure, if the situation so demands and the court below shall pass necessary order, according to law.

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Accordingly, this criminal revision stands disposed of.

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(Birendra Kumar, J)

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abhishek/-

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U T

Arun Kumar Singh @ Arun Kumar Sinha v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Arun Kumar Singh @ Arun Kumar Sinha v. State Of Bihar and Anr.

Case brief

What is this about?

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