Vijay Kumar Singh v. Anil Kumar Singh

Patna High Court Cr.Misc. No.45113 of 2012 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45113 of 2012 ====================================================== Vijay Kumar Singh .... .... Petitioner/s

Versus

Anil Kumar Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned A.P.P.

This application has been filed under Section 482 Cr.P.C. for quashing the final order dated 20.08.2012 passed in 144 Cr.P.C. proceeding being Case No.671(M) of 2012. The learned counsel for the petitioner submitted that in fact with respect to the subject matter of that 144 Cr.P.C. proceeding a title suit is pending between both the parties being Title Suit No.307 of 2012 the court below has illegally passed the order making the rule absolute against the petitioner. It is settled principle of law that after expiry of 60 days the order passed under Section 144 Cr.P.C. loses its force. In view of the above facts and circumstances of the case, I find no reason to interfere with the order impugned. In fact, this application has become now infructuous. Thus, it is dismissed. Harish/- (Mungeshwar Sahoo, J) U