Ranjan Kumar v. Abhay Kumar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75814 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ranjan Kumar Son of Sri Ram Naresh Rai Resident of Club Road,P.S. Mithanpura,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

1.

Abhay Kumar 2.

Alok Kumar Both Sons of Late Krishna Mohan Prasad Singh Both residents of Village-Rohua,P.S. Mushari,Distt.-Muzaffarpur 3.

Dhrub Narayan Singh Son of Late Baijnath Prasad Singh Both residents of Village-Rohua,P.S. Mushari,Distt.-Muzaffarpur 4.

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Advocate Mr.Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sri Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. This application has been filed for quashing of order dated 12.10.2018 passed by learned Additional Sessions Judge, Muzaffarpur-14th in Cr. Revision No. 192 of 2017.

3. Learned Senior counsel appearing for the petitioner wants to revive the orders passed by learned Magistrate in a case initiated in 2016 and wants the proceeding under Section 145 Cr.P.C in the year 2023.

4. The petitioner has lost in both the Courts. The opinion of this Court that the petitioner has remedy of

Patna High Court CR. MISC. No.75814 of 2018(3) dt.08-08-2023 2/2 approaching the Civil Court for decision of his right title and interest.

5. In view of the above, this application is dismissed with liberty to the petitioner to approach the Civil Court in the decision of his right title and interest.

6. If such an application is filed by the petitioner, the court below will proceed in the matter in accordance with law. (Sandeep Kumar, J) Harsh/ U T