Allowed¶21

Bipin Kumar Singh v. The State of Bihar

Patna HC10 Apr 2024CR. REV./65/2024

Case brief

AI extract

What is this about?

Patna High Court; CRIMINAL REVISION No.65 of 2024; Bibek Chaudhuri, J.; decision 10-04-2024; petitioners Bipin Kumar Singh and Binay Kumar Singh v. State of Bihar, Manju Devi, Rakesh Kumar Singh, Pritam Kumar @ Rajeev Kumar; impugned order dated 09.11.2023 by SDM Nalanda at Biharsharif, Case No. 940(M) of 2023; Section 144 CrPC; 60-day validity of Section 144 orders; orders become non est after expiry; Magistrate cannot restrain construction; order per se illegal; quashed and set aside; revision allowed.

What did the court decide?

The order dated 09.11.2023 passed by the SDM, Nalanda at Biharsharif, in Case No. 940(M) of 2023 under Section 144 CrPC is quashed and set aside; the Criminal Revision is allowed. ¶21

Bipin Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.65 of 2024

¶2

Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda

¶3

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

¶4

Bipin kumar singh s/o late nagina singh village- cheran, ps. Harnaut, dist. Nalanda.

¶5

Binay kumar s/o late nagina singh village- cheran, ps. Harnaut, dist. Nalanda.

¶6

... ... Petitioner/s

¶7

Versus

¶8

The State Of Bihar

¶9

Manju Devi W/O Ram Binod Singh R/O Village- Sekhpura, Ps. Ram Krishna Nagar, Patna At Present Residing At A/3, P.C. Colony, Ps. Kankarbagh, Dist. Patna.

¶10

Rakesh Kumar Singh S/O Ram Binod Singh R/O Village- Sekhpura, Ps. Ram Krishna Nagar, Patna At Present Residing At A/3, P.C. Colony, Ps. Kankarbagh, Dist. Patna.

¶11

Pritam Kumar @ Rajeev Kumar S/O Ram Binod Singh R/O VillageSekhpura, Ps. Ram Krishna Nagar, Patna At Present Residing At A/3, P.C. Colony, Ps. Kankarbagh, Dist. Patna.

¶12

... ... Respondent/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Kumar Jain For the Respondent/s : Mr.Nagendra Prasad ======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

¶15

3 10-04-2024

¶16

The petitioner has approached this Court assailing an order, dated 9^th of November, 2023, passed by the learned Sub-Divisional Magistrate, Nalanda at Biharsharif, in Case No. 940(M) of 2023, registered under Section 144 of the Cr.P.C.

¶17

It is needless to say that the effect of an order under Section 144 of the Cr.P.C remains in force for 60 days. After expiry of the 60 days, the orders become

¶18

non est. Moreover, Section 144 of the Cr.P.C deals with the power to issue order in urgent cases of nuisance or apprehended danger under Section 144 of the Cr.P.C. The learned Magistrate cannot pass an order directing the second party not to make any construction over the said land. The order is per se illegal on merit also.

¶19

In view of such circumstances, the impugned order cannot be sustained.

¶20

Accordingly, the order, dated 9^th of November, 2023, passed by the learned Sub-Divisional Magistrate, Nalanda at Biharsharif, in Case No. 940(M) of 2023, under Section 144 of the Cr.P.C. is quashed and set aside.

¶21

The instant Revision is allowed.

¶22

(Bibek Chaudhuri, J)

¶23

uttam/-

¶24

Bipin Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bipin Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Saraswati Devi Vs The State of Bihar through Director General of Police, Bihar, Patna

Deepak Kumar Jha @ Gulshan Vs Pinki Jha

Nishant Kumar Vs Priti Kumari

Ankit Kumar Soni Vs the State of Bihar through Principal Secretary, Home Dept., Bihar, Patna

Vikash Kumar @ Vishal Kumar Roy Vs The State of Bihar

Manoj Kumar Jha @ Chhedi Jha Vs Smt. Hira Devi