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Patna High Court - Orders

Satya Narayan Singh vs The State Of Bihar & Ors on 2 December, 2013

Author: Aditya Kumar Trivedi

Bench: Aditya Kumar Trivedi

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Revision No.1541 of 2011
                 ======================================================
                 Satya Narayan Singh S/O Late Jionandan Singh Resident Of Ekwana
                 Kothi, Keshari Nagar, P.S.- Sastri Nagar, District- Patna

                                                                    .... ....   Petitioner/s
                                                Versus
                 1. The State Of Bihar
                 2. Santosh Singh S/O Sri Rajendra Singh Resident Of Ramji Chak, P.S.-
                    Digha, District- Patna
                 3. Sri Dilip Singh S/O Late Ramjee Singh Resident Of Ramji Chak, P.S.-
                    Digha, District- Patna

                                                               .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : M/s Kumar Alok & Rakesh Kumar, Advs.
                 For the Respondent/s : Mr. Shakir Ahmad, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR
                 TRIVEDI
                 ORAL ORDER

2   02-12-2013

Heard learned counsel for the petitioner as well as learned Additional P.P. Because of the fact that dispute relates with a piece of land attracting a proceeding under Section 144 Cr.P.C. whereupon parties were noticed. The aforesaid notice was challenged by Opposite Party Nos.2 and 3 under Cr.Revision No.416 of 2011 before Sessions Judge and the same was allowed vide order dated 09.09.2011 by the Additional Sessions Judge, Fast Track Court- IV, Patna which also cloud over the final order passed under Section 144 Cr.P.C.

Be that as it may, because of the fact that the legal identity of an order passed under Section 144 Cr.P.C. found frost, Patna High Court CR. REV. No.1541 of 2011 (2) dt.02-12-2013 2 just after expiry of 60 days. Therefore, any finding so recorded either under final order or under the criminal revision arisen thereupon, on account of expiry of 60 days is bound to meet with same sequence. Thus any finding or observation whatsoever made therein will not found adverse to the future interest of either of the parties.

With the aforesaid observation, instant petition is disposed of.

(Aditya Kumar Trivedi, J) B.Kr./-