Renu Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.42573 of 2012 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42573 of 2012 ====================================================== Renu Devi .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-03-2015 Heard learned counsel Mr.(Dr.) Manoj Kumar for the petitioner.

This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 16.03.2012 passed by Sessions Judge, Bhagalpur in Criminal Revision No.231 of 2011 whereby the Sessions Judge has upheld the order of Sub-Divisional Magistrate, Sadar, Bhagalpur dated 30.07.2011 in Miscellaneous Case No.151 of 2011 whereby a proceeding under Section 144 Cr.P.C. has been dropped.

It is settled principles of law that after expiry of sixty days the proceeding under Section 144 Cr.P.C. dies its legal death and, therefore, there is no question of setting aside or quashing the order whereby the proceeding has already been dropped arises. Accordingly, this criminal miscellaneous case has got no merit. Thus, it is dismissed.

Harish/- (Mungeshwar Sahoo, J) U