IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.866 of 2009
MANOJ KUMAR SON OF WALMIKI PRASAD R/O- VILLAGE
AHIYAPUR, MUSHAHRI, P.S.- SARMERA, DISTRICT- NALANDA.
Versus
1. THE STATE OF BIHAR
2. DR. ISRAR AHMAD, S/O- LATE MD. USMAN, R/O- MOHALLA
CHHAJJU KHARI KUNAWA, P.S.- BIHAR, DISTRICT-
NALANDA.
For the petitioner : Mr. Farooque Ahmad Khan, Advocate.
For the State : Mr. Quamar Raza, Advocate
For the O.P. : Mr. Abha Singh, APP
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2 03.05.2011 Heard learned counsel for the petitioner and the
State.
Petitioner assails the order dated 27.4.2009
passed by learned Sub-Divisional Magistrate, Biharsharif in
a proceeding under Section 144 of the Code of Criminal
Procedure (for short the Code) vide Case No. 47M of 2009.
It is admitted at Bar that by efflux of time, the
order impugned has lost its force. Learned counsel for the
petitioner submits that there is/are certain observation in the
order which touches on the title/possession of the parties
over the said land. It is submitted that this Court may
observe that any findings on that aspect shall not prejudice
the claim/interest of the parties to the said proceeding.
Learned counsel appearing on behalf of O.P.
No. 2, on the other hand, submits that since the order has
already become ineffective by statutory provisions contained
in the Code itself, no observation is required in the matter.
He, however, concedes that this Court may observe that any
2
observation made in the order beyond the scope of Section
144 Cr.P.C. shall not be prejudicial to the interest of the
parties.
It appears that parties are in agreement on one
point that the proceeding being summary in nature, the
observations made by the learned Magistrate in the order
impugned for deciding the issue before it, may have some
adverse effect on the claim of title/possession asserted by
the parties.
In the interest of justice, this Court is inclined to
observe that any finding/observation made in the impugned
order which touches the right/interest and title of the parties
in the proceeding over the land in question shall not
prejudice the case of the parties.
With this observation, the application is
dismissed.
( Kishore K. Mandal, J)
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