Sk. Queresh @ Sk. Queraish v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.478 of 2015 Arising Out of PS. Case No.- Year- Thana- District- West Champaran ====================================================== Sk. Queresh @ Sk. Queraish Son of Late Sk. Hassan Resident of Village + P.O. Majharia Sheikh, P.S. - Majhaulia, District - West Champaran. ... ... First Party-opp. Party- Petitioner/s

Versus

1. The State of Bihar.

2. Sk. Nayeem S/o Late Sk. Dost Mohammad,

3. Sk. Abbas, S/o Sk. Nayeem,

4. Sk. Jamil, S/o Sk. Nayeem, All are resident of village and P.O. Majharia Sheikh P.S. - Majhaulia, District - West Champaran. ... ... Second Party-Petitioners-opposite parties-opposite party. ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva For the Respondent/s :

Mr. S.M. Rahman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2018 The petitioner is aggrieved only by the observation of the learned revisional Court dated 08.05.2015 whereby it has been held that in a proceeding under Section 145 of the Code of Criminal Procedure (for short 'the Code'), the Magistrate dealing with the matter is not entitled to comment upon the claim of either of the parties as being strong only by virtue of title papers.

By the order impugned, the proceedings which were concluded in favour of the petitioner under Section 144 of the Code has been set aside.

Patna High Court CR. REV. No.478 of 2015(2) dt.29-01-2018 2/2 This Court finds no anomaly with the order revised against and the observations made there in are in accordance with law. The petition is without merits and is dismissed. (Ashutosh Kumar, J) shyambihari/- U T