Ganga Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43140 of 2012 ====================================================== Ganga Prasad son of Late Ram Kishun Prasad, resident of Mohalla-Gaya Purani Godown Gali, P.S.-Kotwali, District- Gaya .... .... Petitioner/s
Versus
1. State of Bihar
2. Smt. Urmila Devi wife of Ganga Prasad, resident of Mohlla Gaya Purani Godown Gali, P.S.- Kotwali, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudarshan Sharma, Advocate For the Opposite Party/s : Mr. Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-08-2016 By way of the present application preferred under Section 482 of the Code of Criminal Procedure (for short 'CrPC'), the petitioner has challenged the order dated 28.3.2012 passed by the Sub Divisional Officer, Sadar, Gaya in Miscellaneous Case No.236 of 2012 in a proceeding under Section 144 of the CrPC. Sub Section (4) of Section 144 of the CrPC stipulates that no order under this Section shall remain in force for more than two months from the making thereof. The proviso to Sub Section
(4) of Section 144 of the CrPC states that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this Section shall remain in force for such further period not
Patna High Court Cr.Misc. No.43140 of 2012 (2) dt.01-08-2016 2/2 exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
In view of the statutory provision prescribed under Sub Clause (4) of Section 144 of the CrPC the instant application has become infructuous as the impugned order was passed in a proceeding under Section 144 of the CrPC on 28th March, 2012. Accordingly, the application is dismissed as infructuous. (Ashwani Kumar Singh, J) Md.S./- U T