Subash Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.910 of 2017 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Subash Paswan, Son of Late Ganga Dayal Paswan, Resident of VillagePatut , Police Station-Rani Talab (Kanpa), District -Patna. ... ... Petitioner/s
Versus
1.
and Anr 2.
Manoj Paswan, Son of Siraram Paswan, Resident of Village- Patut, Police Station- Rani Talab (Kanpa), District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajib Ranjan Jha For the State :
Mr. Sujit Kumar Singh For O. P. No. 2 :
NONE ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-03-2019 Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the State. In spite of appearance of Opposite Party No. 2, none appeared on his behalf.
Gone through the impugned order. The impugned order, dated 06.10.2016, passed by the Sub Divisional Magistrate, Paliganj, Patna, in connection with Case No. 418 (M) 2016, relates with a proceeding under Section 144 of the Code of Criminal Procedure, 1973, having caption 'Manoj Kumar versus Subash Paswan and Others'.
From the nature of the order, it is evident that the learned Lower Court had tried to decide the entitlement of the
Patna High Court CR. MISC. No.910 of 2017(4) dt.28-03-2019 2/2 party, which the learned Lower Court was forbidden in a proceeding under Section 144 of the Code of Criminal Procedure, 1973. Apart from this, the learned Lower Court should have considered that the order of prohibition would be valid only up to 60 days, as provided under Section 144 (4) of the Code of Criminal Procedure, 1973.
That being so, in spite of having lost its identity by efflux of time, the order impugned, on account of deficiency as disclosed hereinabove, would not survive, whereupon quashed. Accordingly, petition is allowed.
(Aditya Kumar Trivedi, J.) Prabhakar Anand/- U √ T X