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Patna High CourtCR. MISC./30042/2023dismissed

Sri Prakash Rai v. The State Of Bihar

2023-06-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30042 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== 1.

SRI PRAKASH RAI SON OF KAPILDEO RAI Resident of village - Khalwa, P.S. - Nautan, Distt. - Siwan 2.

OM PRAKASH RAI SON OF KAPILDEO RAI Resident of village - Khalwa, P.S. - Nautan, Distt. - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

YOGENDRA RAI SON OF LATE PRADUMNA RAI Resident of village - Khalwa, P.S. - Nautan, Distt. - Siwan 3.

RAMJI RAI SON OF RAM NARAYAN RAI Resident of village - Khalwa, P.S. - Nautan, Distt. - Siwan 4.

BHRIGUNATH RAI SON OF LATE CHANDRABHAN RAI Resident of village - Khalwa, P.S. - Nautan, Distt. - Siwan 5.

MOTILAL BHAGAT SON OF LATE SREEPATI BHAGAT Resident of village - Semaria, P.O. - Semaria, P.S. - Nautan, Distt. - Siwan 6.

GHANSHYAM SHAH SON OF LATE VISHWANATH SAH Resident of village - Nautan P.S. - Nautan, Distt. - Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava For the Opposite Party/s :

Mr.Sharda Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

This application is filed for quashing the order dated 30.01.2023 passed in Criminal Revision No. 174/2018 by Additional District and Session Judge-XI.

The order of the Magistrate passed under Section 145 Cr.P.C. was challenged by the learned counsel for the petitioner

Patna High Court CR. MISC. No.30042 of 2023(2) dt.20-06-2023 2/2 by filing the criminal revision. The criminal revision application has also been dismissed.

This Court will not go into the question of title when both the Courts were held in favor of the opposite party no. 2. If the petitioner is aggrieved by the order under Section 145 Cr.P.C., he should have approached the District Court for declaration of his title.

This application is dismissed with liberty to petitioner to approach the District Court for declaration of his title. If such a suit is filed, the District Court will decide the same in accordance with law.

If the petitioner file the injunction petition, then the same shall be decided within one month from its filing in accordance with law.

(Sandeep Kumar, J) sunnykr/- U T