IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10237 of 2010
1. ABHAY MASIH S/O SAMUEL MASHIHA
2. NIRMAL MANDAL S/O JOHN MANDAL
3. VANDANA MANDAL W/O NIRMAL MANDAL
ALL R/O VILLAGE-PAKRI, P.S.- NAWADA (ARAH), DISTRICT BHOJPUR.
Versus
1. STATE OF BIHAR
2. SURYA KANT TIWARY S/O RAMJI TIWARI R/O MANSA PANDEY BAGH,
P.S. ARAH TOWN, DISTRICT- BHOJPUR.
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2. 06.12.2010 The petitioners are aggrieved by the order
dated 19.3.2009 passed by Additional Sessions Judge-I,
Bhojpur at Arah in Cr. Revision No. 205/2004, by which he
has remanded Misc. Case No. 284 of 2003 to the court below
for passing a fresh order.
It has been submitted that till date no order has
been passed since the first party is not appearing as he had no
appeared on earlier occasion as well. Further submission is that
for the same piece of land a Title Suit is pending between the
parties and, therefore, there is no justification for proceeding
under Section 144/145 Cr.P.C.
This application is remanded to the court
below for passing afresh order within a period of two months
of receipt of the order considering the aforesaid facts.
With these observations the application is
disposed off.
Fahad. ( Anjana Prakash, J. )