Patna High Court - Orders
Darshan Singh vs State Of Bihar & Anr on 29 August, 2011
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49602 of 2008
======================================================
Darshan Singh, son of late Haribachan Singh, resident of Village and Post
Bhandar Tal, P.S. Barari and Distt. Katihar.
......Opposite Party....Appellant .... Petitioner
Versus
1. The State of Bihar.
........Opposite Party 1st Set
2. Sri Sadhu Charan Singh, son of late Anup Lal Singh, resident of Vill
and Post Bhandar Tal, P.S. Barari, and Distt. Katihar. At present
residing at Kalibari, Vinodpur, P.S. Town Thana, in the Town and
Distt. of Katihar.
....Petitioner ....Respondent.... Opposite Party 2nd Set
======================================================
Appearance :
For the Petitioner/s : Mr. Jashawir Singh Arora with
Mr. Ajay Kumar @ Srivastava with
Mr. Ravi Bhatia, Advocates
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)
2/ 29-08-2011Heard.
The petitioner has approached this Court invoking inherent powers under Section 482 of the Code of Criminal Procedure for quashing the order dated 22.11.2007 passed by the learned Executive Magistrate, Katihar in Case No.10 (M) of 2007, whereby in a proceeding under Section 107 Cr.P.C., he was directed to execute a bond of Rs.2,000/- with two sureties for Patna High Court Cr.Misc. No.49602 of 2008 (2) dt.29-08-2011 2 maintaining peace for a period of one year. Aggrieved by the aforesaid order, petitioner filed Criminal Appeal No. 10 of 2008 before the learned Sessions Judge, Katihar, which has been dismissed by an order dated 03.09.2008.
Mr. J.S. Arora, learned counsel appearing on behalf of the petitioner has attempted to address the Court on merit questioning the validity and legality of the order dated 22.11.2007 passed by the learned Executive Magistrate, Katihar. By the aforesaid order dated 22.11.2007, the petitioner was directed to execute bond for a period of one year for maintaining peace. Apparently, the period of one year is over.
I am afraid, after expiry of the aforesaid period, the matter at issue is only for academic purpose and therefore, this Court is not inclined to go into the merit of the case.
Accordingly, this application stands dismissed. However, it is observed that any future proceeding against the petitioner shall be decided on its own merit without being influenced by the orders impugned.
(Birendra Prasad Verma, J) Anjani /-