Patna High CourtCR. REV./1032/2014disposed

Digvijay Sharma v. The State Of Bihar And ORS

2017-02-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1032 of 2014 ==============================================================

1. Digvijay Sharma S/o Jagdish Sharma Resident of Village Sharma Tola, Ward No. 6, P.S. Govindganj (Areraj O.P.), District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramakant Sharma

3. Ramanand Sharma Both are S/o Binda Sharma

4. Kishori Kunwar W/o Late Punyadev Sharma

5. Surendra Sharma S/o Harkesh Sharma All are Resident of Sharma Tola, Ward No. 6, P.S. Govindganj (Areraj O.P.), District East Champaran. .... .... .... Opposite Parties ============================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Adv For the State : Mr. Rajendra Prasad Nat, APP ============================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 28-02-2017 The order dated 19.08.2014 passed by the learned S.D.J.M., Areraj, East Champaran, in exercise of power under Sections 144 of the Code of Criminal Procedure Code, 1973, whereby, allowing the prayer made on behalf of the Opposite Party Nos. 2 to 5, he has restrained the petitioner and his family members from entering into the disputed land described as Khata No. 141, Khesra No. 1929, Area 1 Katha 6 Dhurs, Plot No. 1928, Area 2 Dhurs, is under challenge in the present criminal revision application. Since, the effect of the impugned order has vanished with lapse of time, this application has become infructuous.

Patna High Court CR. REV. No.1032 of 2014 dt.28-02-2017 2/2 Learned counsel appearing on behalf of the petitioner has, however, pointed out that while passing the impugned order, learned S.D.J.M., Areraj, East Champaran has accepted the claim of the opposite parties and such finding may prejudice the petitioner's claim in different proceedings.

It is, therefore, made clear that any observation made in the said order shall not prejudice the petitioner's claim of his title or possession, over the said property, in any other proceeding for substantive adjudication of dispute in relation thereto. This application is disposed of with observation as above.

(Chakradhari Sharan Singh, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

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