Arshad Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26197 of 2018 Arising Out of PS. Case No. -null Year- null Thana -null District- PATNA =========================================================== Arshad Ahmad, Son of Anwar Ahmad, Secretary, Mother Inter Nation School, Resident of F.C.I. Road, Phulwarisharif, Police Station- Phulwarisharif, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shiv Chandra Singh, Son of late Ram Prasad Singh @ Prakash Singh, Resident of Village- Prakash Nagar, in front of B.M.P.-16, Phulwarisharif, Police Station- Phulwarisharif, District- Patna.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mrs. Nivedita Nirvikar, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 31-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2.

This application under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') has been filed by the petitioner for quashing the order dated 10.04.2018 passed by the learned Additional Sessions judge-X, Patna in Cr. Revision No. 727 of 2017 whereby the petition dated 10.04.2018 filed on behalf of the petitioner against the order dated 07.09.2017 passed by the learned Sub-Divisional Magistrate, Sadar, Patna in case no. 1193(M) of 2017 filed under Section 144 Cr.P.C. has been rejected. 3.

It is brought to my notice that after the order dated

Patna High Court Cr.Misc. No.26197 of 2018 dt.31-08-2018 2/2 07.09.2017, the Sub-Divisional Magistrate once again passed the order in exercise of power under Section 144 of Cr.P.C. on 20.02.2018 in the same proceeding.

4.

In sum and substance, the petitioner is aggrieved by the order passed by the Sub-Divisional Magistrate, Sadar, Patna in case no. 1193 (M) of 2017 by which a proceeding under Section 144 was initiated.

5.

In my considered opinion any order which may have been passed by the learned Magistrate in a proceeding under Section 144 Cr.P.C. either on 07.09.2017 or on 20.02.2018 have lost their force, in view of the specific provision prescribed under clause

(4) of Section 144 of the Cr.P.C.

6.

In that view of the matter, this application is disposed of.

(Ashwani Kumar Singh, J) Md.S./-Sanjeev AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.09.2018 Transmission Date 02.09.2018