Patna High Court - Orders
Pathri Devi vs The State Of Bihar & Anr on 3 July, 2012
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9172 of 2011
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1. Pathri Devi Wife Of Late Bhunnar Sahu Resident Of Village -
Narendrapur, Tola- Manhi, P.S.- Andhra Math, District - Madhubani
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Ram Prasad Safi Son Of Late Nanu Safi Resident Of Village -
Narendrapur, Tola- Manhi, P.S.- Andhra Math, District - Madhubani
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Adv.
For the O.P.No.2 : Mr. Ratnakar Jha, Adv.
For the State : Mr.Aditya Narayan Singh-I, APP.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
3 03-07-2012In this case, petitioner is challenging the order dated 3rd December 2011 by which the court below has set aside the order passed by the Executive Magistrate in M.R.No. 122 of 2010 dated 16th July 2010.
Any order or proceeding u/s 144 Cr.P.C. cannot exceed the statutory limit of 60 days and basically power has been conferred on the Executive Magistrate to maintain the peace in the event of any existence of disturbance or if there is chance of breach of peace within the local limit of his jurisdiction. The Executive Magistrate has no jurisdiction to decide the right, title or interest of any person. If it is decided, it is contrary to provisions of Section 144 Cr.P.C.
2 Patna High Court Cr.Misc. No.9172 of 2011 (3) dt.03-07-20122/2
In this view of the mater, any finding recorded by the Magistrate in the present case will not be binding on any party with regard to the right, title and possession of the parties. Liberty is given to the parties to approach the civil court of competent jurisdiction and get their right, title decided and any finding recorded by the Magistrate will not help either party.
With this observation, this petition is disposed of.
Jay/- (Shivaji Pandey, J)