Patna High CourtCR. REV./47/2015dismissed

Satyadeo Singh v. The State Of Bihar And ORS

2017-03-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.47 of 2015 ====================================================== Satyadeo Singh, son of Late thither Singh, resident of village Telihar, Police Station Beldour, District Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Manoj Kumar Singh, son of Late Balo Singh

3. Manjeet Kumar, son of Manoj Kumar Singh 2 and 3 are resident of village Telihar, Police Station Beldour, District Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Respondent/s : Mr. Mukeshwar Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. By an order, dated 31.12.2012, learned Sub Divisional Magistrate, Gogari, on the basis of report submitted by Beldour Police Station, had initiated a proceeding under Section 107 of the Code of Criminal Procedure, 1973 (in short, "the Code"), against Opposite Party Nos. 2 and 3, on the ground of there being apprehension of breach of peace. They were, accordingly, directed to file their show cause and finally by order, dated 17.01.2014, to execute a bond for maintaining peace. The said order has been set aside by order, dated 21.07.2014, passed by learned Sessions Judge, Khagaria, in Criminal

Patna High Court CR. REV. No.47 of 2015 (2) dt.03-03-2017 2/2 Appeal No. 23 of 2014, which is under challenge in the present criminal revision application.

In my view, this application has become infructuous in view of the time limit of one year, prescribed under Section 107 of the Code.

This application is accordingly dismissed as having become infructuous.

It goes without saying that if required, the Sub Divisional Magistrate, Gogari, may pass an order afresh. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √