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Patna High CourtCR. MISC./1151/2011disposed

Hari Shankar Singh v. The State Of Bihar

2016-04-18Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1151 of 2011 =========================================================== Hari Shankar Singh Son Of Late Surendra Narain Singh Resident Of Hasanpur, P.S. Hasanpur, District- Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Bhupendra Narain Singh Son Of Late Kapleshwar Singh

3. Sanjay Kumar

4. Pawan Kumar Singh Both sons of Bhupendra Narain Singh, resident of Hasanpur, P.S.- Hasanpur, District- Samastipur

5. Chandra Sekhar Singh, son of Bijendra Pd. Singh, resident of Hasanpur, P.S.- Hasanpur, District- Samastipur .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Ms. Indu Kumari Sinha, Adv. For the Opposite Partn No. 2 : Mr. Dilip Kumar, Adv. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 18-04-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 6.8.2010 by which the Additional Sessions Judge, F.T.C.-III, Samastipur, in Cr. Revision No. 653 of 2008 has set aside the order of the Executive Magistrate, Rosera, in M.R. No. 561 of 2004, T.R. No. 120 of 2006 by which he has refused to drop the Proceedings of Section 145 Cr. P.C.

Having considered that the dispute still persists, the application is disposed off with a direction to the Magistrate concerned to proceed afresh if there is breach of peace in regard to the

Patna High Court Cr.Misc. No.1151 of 2011 dt.18-04-2016 2/2 land in question after calling for a police reports on the present situation as well as the calling for report as to exact location of the disputed property, within a period of four weeks from the date of receipt of this order.

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(Anjana Prakash, J) S.Ali/-