Arbind Kumar Mishra And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55340 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== 1.
Arbind Kumar Mishra Son of Chandra Kishore Mishra. 2.
Laxman Mishra, Son of Chandra Kishore Mishra, Both are resident of village Bacchour P.S. Belhar, District- Banka. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Bhagwan Thakur, Son of Late Lilian Thakur, Resident of Village Bacchour, P.S. Belhar, District- Banka.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2023
1. Heard the learned counsel for the petitioner and the learned APP for the State.
2. The learned counsel for the petitioner is aggrieved by an order dated 04.09.2017 passed by the learned Additional Sessions Judge-II, Munger in connection with Cr. Revision No.185/2016, arising out of Case No. 279/2016 registered under sections 144 Cr.P.C., whereby the order dated 28.10.2016, passed by the learned Magistrate initiating a proceeding under section 144 Cr.P.C., by which the proceeding was converted under section 145 Cr.P.C. has been set aside.
3. The court finds no infirmity in the order passed by the Revisional court, whereby the order dated 28.10.2016
Patna High Court CR. MISC. No.55340 of 2017(2) dt.06-12-2023 2/2 passed by the learned S.D.M., Tarapur, Munger in Case No. 279/2016 converting the proceeding from section 144 Cr.P.C. to Section 145 Cr.P.C. was set aside as the learned Revisional court has recorded that the Title Suit No. 224/2009 is pending before the parties, as such, the parties should approach the learned Civil Court in the event of any dispute.
4. Accordingly, the present quashing application is hereby dismissed.
(Satyavrat Verma, J) amit/- U T