Vijay Kumar Mahto v. Bishundeo Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.266 of 2016 ====================================================== Vijay Kumar Mahto .... .... Appellant/s

Versus

Bishundeo Mahto & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kaushal Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-08-2016 Heard learned counsel Mr. Kaushal Kumar for the petitioner.

Perused the impugned order dated 01.03.2016 passed by learned District Judge, Begusarai in Civil Miscellaneous Appeal No.04 of 2015/15 of 2015 whereby the learned court below dismissed the miscellaneous appeal recording a finding that it is not maintainable.

It appears that in Title Suit No.272 of 2005 the present petitioner filed application under Section 340 Cr.P.C. for initiating a criminal proceeding against the respondents. The trial court rejected the same application. Against the said order the present miscellaneous appeal was filed under Order 43 Rule 1 CPC. It may be mentioned here that the order passed under Section 340 Cr.P.C. is not appealable under the Code of Civil Procedure, therefore, the learned court below has rightly dismissed the

Patna High Court C.Misc. No.266 of 2016 (2) dt.12-08-2016 miscellaneous appeal as not maintainable. Thus, I find no merit in this civil miscellaneous application, as such, it is dismissed. (Mungeshwar Sahoo, J) Harish/- U