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Patna High CourtCR. MISC./78341/2019disposed

Haridwar Dubey v. The State Of Bihar

2019-12-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78341 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Buxar ====================================================== Haridwar Dubey, Son of Late Ganga Sagar Dubey, Resident of Village - Jarigawan, P.S.- Buxar (M), District- Buxar (M) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bajrangh Choubey Son of Late Badri Choubey Resident of Village - Jarigawan, P.S.- Buxar (M), District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Pandey For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This application has been filed for quashing of the order dated 24.04.2019 passed by the learned Fast Track Court No. II, Buxar in Criminal Revision No. 05 of 2018, by which, the learned court below has partly allowed the revision application filed by the opposite party in respect of the land situated in Mauja Karahashi. R.S. Khata No. 338 R.S. Plot No. 409 measuring an area of 0.61 decimals.

The fact in short is that at the instance of the petitioner, proceeding under Section 144 Cr.P.C. was initiated against the opposite party no.2 and the opposite party no.2 appeared and filed show cause, but the learned S.D.M. has confirmed the proceedings in favour of the petitioner restraining

Patna High Court CR. MISC. No.78341 of 2019(2) dt.02-12-2019 2/2 the opposite party no.2 from going over the land, which has been challenged by the opposite party no.2 by filing a revision application, which was heard by learned Fast Track Court, Buxar, who has affirmed the order of S.D.M. with respect to all the plots except one plot situated in Mauja Karahashi. R.S. Khata No. 338 R.S. Plot No. 409 measuring an area of 0.61 decimals. Being aggrieved by the same, the present application has been filed by the petitioner.

However, period of order under Section 144 Cr.P.C. is only for this month and that period has already expired. Considering the above fact, I find no merit in this application, as such, this application stands dismissed with liberty to raise this point before the appropriate forum. (Vinod Kumar Sinha, J) Sunil Shukla/- U T