IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.35831 OF 2008
GAURI SHANKAR PRASAD SINGH, SON OF LATE YOGENDRA PRASAD SINGH,
RESIDENT OF VILLAGE DIGHARA RAMPUR SAH, POLICE STATION SADAR,
DISTRICT MUZAFFARPUR
VERSUS
1. THE STATE OF BIHAR
2. NEEL KAMAL TIWARY @ MANOJ TIWARI
3. HANS RAJ TIWARI @ SAROJ TIWARI
4. MUNNA TIWARI
ALL SONS OF DEODUTT TIWARI, RESIDENT OF VILLAGE DIGHARA
RAMPUR SAH, POLICE STATION SADAR, DISTRICT MUZAFFARPUR
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2 18/07/2011 Heard Counsel for the petitioner and the A.P.P.
appearing on behalf of the State.
The petitioner is aggrieved by the order dated
02.04.2008 passed in Criminal Revision No. 187 of 2007
by which the Additional Sessions Judge, Fast Track
Court No. !V, Muzaffarpur has set aside the order
initiating proceedings under Section 188 of the Indian
Penal Code passed by the Sub Divisional Magistrate,
Muzaffarpur on 10.07.2007.
A proceeding under Section 144 of the Code of
Criminal Procedure was initiated and the Opposite
Parties appeared in the proceeding. During the pendency
of 144 proceeding, a prohibitory order was passed under
Section 114 of the Code of Criminal Procedure.
Ultimately, the proceeding under Section 144 of the Code
of Criminal Procedure was dropped on the ground that it
was a residential house.
2
Counsel for the petitioner submits that during
the pendency of the 144 proceedings, the Opposite
Parties were violating the prohibitory orders by making
construction over the lands in question and as such the
order dismissing the claim of the petitioner ought to be
set aside by this Court.
This Court finds that since the premises had
been declared as a residential house, it would serve no
purpose to hold that there was a violation of prohibitory
orders during the pendency of the proceedings. Once, it is
held that it is a residential house, then further
construction on the residential house cannot amount to
really violating any terms of the prohibitory order.
I do not see any illegality in the order
impugned. This application is accordingly dismissed.
Anand ( Sheema Ali Khan, J. )