Sikendra Yadav @ Siko Yadav @ Sikendar Yadav v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11055 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Saharsa ====================================================== SIKENDRA YADAV @ SIKO YADAV @ SIKENDAR YADAV Son of Late Arjun Prasad Yadav Resident of Village- Simraha, Ward No.35, P.S. and Distt- Saharsa.

... ... Petitioner/s

Versus

1.

State of Bihar 2.

Om Prakash Khemka Son of Mahabir Prasad Khemka Resident of Bangaon Road, Saharsa, P.S. and Distt- Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State The present petition has been filed for quashing the order dated 22.06.2019, passed by the learned S.D.M. Saharsa in Misc. Case no. 450 of 2019 as also the order dated 06.10.2020, passed in Cr. Rev. no. 139 of 2019 by the learned Sessions Judge, Saharsa.

It is the contention of the learned counsel for the petitioner that the opposite party no. 2 has already filed a Title Suit, hence no proceedings under Section 145 of the Code of Criminal Procedure would lie, however he submits that since no final order has been passed under Section 145 Cr.P.C. by the

Patna High Court CR. MISC. No.11055 of 2021(2) dt.29-04-2022 2/2 learned S.D.M., Saharsa, the petitioner be granted liberty to submit his defense and bring the aforesaid fact to the notice of the learned court below.

Accordingly, the petitioner is granted liberty to raise the aforesaid issue before the learned S.D.M., Saharsa in the ongoing proceedings under Section 145 Cr.P.C., which shall be considered by the learned S.D.M., Saharsa and a final order shall be passed in accordance with law.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T