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Showing contexts for: section-482 in Dasrath Prasad Singh & Anr vs State Of Bihar & Anr on 20 September, 2011Matching Fragments
For the petitioners: Mr. Pushkar Narain Shahi, and Partha Sarthy For the State: Mrs. Reena Sinha, A.P.P. For the Opposite Party No. 2 : Mr. Akhileshwar Prasad Singh, Senior Advocate.
5 .....-09-2011 Heard the parties.
This application under Section-482 of the Cr.P.C. has been filed on behalf of the petitioners who are IInd Party in Case No. 678 of 2008 initiated under Section-144 of the Cr.P.C., for quashing the order dated 14.02.2009 passed by District Magistrate, Sheikhpura in aforesaid Case No. 678 of 2008 whereby and whereunder, he converted the aforesaid proceeding of Section-144 of the Cr.P.C. into a proceeding under Section 145 of the Cr.P.C.
Learned counsel appearing for Opposite Party No. 2 in support of the above-said submission placed reliance upon a decision reported in 1978 BBCJ 134 in which the court has held that conversion of a proceeding under Section 145 of the Cr.P.C. amounts to initiation of a proceeding and it does not amount to an order passed in a proceeding under Section-144 of the Cr.P.C.
It is further contended by him that admittedly, the licence of Cattle Hat was granted to the Opposite Party No. 2 and he started holding Cattle Hat on the basis of aforesaid licence but petitioners created hurdle by starting new Cattle Hat without having any valid licence and the aforesaid act of the petitioners, certainly created tension between the parties and there was every possibility of breach of peace in between the parties and, therefore, this court should not interfere with the impugned order under the power vested under Section-482 of the Cr.P.C.
In view of the aforesaid discussions, I am of the opinion that the learned S.D.M. Sheikhpura has committed an illegality to initiate (convert) a proceeding under Section 145 of the Cr.P.C. without having jurisdiction to do so, and therefore, this court has got no option but to exercise its power vested under Section-482 of the Cr.P.C.
On the basis of foregoing discussions, this petition is allowed and the impugned order dated 14.02.2009 passed by learned S.D.M. Sheikhpura in Case No. 678 of 2008 is, hereby, quashed.