Pawan Kumar Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.718 of 2017 Arising Out of PS. Case No.-592 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Pawan Kumar Gupta Son of Kailash Prasad Gupta, Resident of VillageKhiriyanwa, P.S.- Salaiya, District- Aurangabad. ... ... Petitioner/s
Versus
1.
State Of Bihar.
2.
Meena Kumari W/o Uday Yadav @ Ram Bachan Yadav, Resident of Village and P.O.and P.S,-Salaiya District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr .Bindeshwar Prasad Singh, Adv.
For the Respondent/s :
Mr. Sri Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-03-2023 The present Cr. Revision application has been filed against the order dated 26.05.2017, passed by Sub Divisional Magistrate, Aurangabad in case no. 592 of 2017, under section 144 of the Cr.P.C., in which the Court of S.D.M. has decided title of possession, without converting under Section 145 of the Cr.P.C. in favour of O.P. No. 2.
Counsel for the State submits that the life of order under Section 144 of the Cr.P.C. is only 60 days, as such the order became infructuous and there is no necessity to challenge the order anywhere.
Upon going through the order-sheet passed under 164 of the Cr.P.C., the S.D.M. has given his finding that it appears to
Patna High Court CR. REV. No.718 of 2017(4) dt.24-03-2023 2/2 him that first party is in full possession of the land, since the day of its purchase and thereafter directed that for a permanent solution, the party should go to the competent Court. With this finding, proceeding under Section 144 of the Cr.P.C. has been withdrawn.
This Court is of the view that Section 144 of the Cr.P.C. is operative only for 60 days. As such, this case has become infructuous and it is directed that observation made by the S.D.M., Aurangabaad in case no. 592 of 2017 under section 144 of the Cr.P.C., shall be of no value in the eye of law before any Court.
(Dr. Anshuman, J.) ashishsingh/- U T