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Patna High CourtCR. MISC./2209/2018dismissed

Shri Narayan Raut @ Shiv Narayan Raut v. State Of Bihar And ANR

2019-11-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2209 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== SHRI NARAYAN RAUT @ SHIV NARAYAN RAUT S/o Late Hari Raut, R/o Mohalla- Kathalwari, Ward No. 13, Milan Vivah Bhawan Gali, Post Office- Lalbagh, P.S.- lalit Narayan Mithila University Campus, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Ram Autar Yadav S/o Late Hit Lal Yadav, R/o Village- Buchhaman, Basudeopur, P.S.- Sadar, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abinash Kumar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-11-2019 Heard the learned counsel for the petitioner and the State.

With respect to a dispute over a plot of land, the petitioner was the first party before the learned Magistrate in a proceeding under Section 144 Cr.P.C. On perusing the explanation of the parties, the Opposite Party No. 2, who was the second party, was restrained from disturbing the possession of the petitioner. This order was passed on 06.06.2017. The aforesaid order was challenged by Opposite Party No. 2 before the District and Sessions Judge, Darbhanga in Cr. Revision No. 248 of 2017. By the

Patna High Court CR. MISC. No.2209 of 2018(2) dt.19-11-2019 2/2 revisional order dated 03.08.2017, the order passed by the Magistrate was set aside but without hearing the petitioner. This Court would have entertained the present petition but for the fact that the duration of an order under Section 144 Cr.P.C. is only for a period of sixty days. The order passed by the Magistrate has lost its force and so is the effect of the revisional order.

Nonetheless, the observations made by the revisional Court shall not be read to the prejudice of either of the parties.

The petition stands dismissed.

(Ashutosh Kumar, J) skm/- U