Petitioner sought quashing of an order under Section 144 CrPC regarding land dispute. Court held the order was non est due to efflux of time and that Executive Magistrate cannot decide title and possession.
Quashing of the order dated 22.02.2018 passed under Section 144 CrPC.
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.54288 of 2018
Arising Out of PS. Case No.- Year-1111 Thana- District-
======================================================
Smt. Sita Devi Wife of Sri Ashok Kumar, Resident of Mohalla- Digha Bankey Bihari Flour Mill, P.O.- Digha Ghat, P.S.- Digha, Dist- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nityanand, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Upadhyay, Advocate For the State : Mr. Sunil Kr. Pandey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
2 20-07-2024
This application under Section 482 of the CrPC, praying for quashing the order dated 22nd February 2018 passed in Case No. 2308 (M)/2017, under Section 144 of the CrPC. It is submitted by the learned Advocate for the petitioner that though the order under Section 144 of the CrPC remains in force for 60 days only, the nature of the impugned order seems to be permanent as he decided to issue a title and possession in a proceeding under Section 144 of the CrPC.
Patna High Court CR. MISC. No.54288 of 2018(2) dt.20-07-2024 2/2
disputed land.
(Bibek Chaudhuri, J)
Suraj Dubey/-
U T
2 issues framed by the court
Whether the impugned order under Section 144 CrPC regarding title and possession is valid after the efflux of time.
Whether the Executive Magistrate can pass an order stating title and possession of a party over disputed land.
2 provisions across 1 enactments
Smt. Sita Devi Wife of Sri Ashok Kumar
State Of Bihar
Lalkeshwar Prasad Singh @ Laleshwar Prasad Singh
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
