IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.50619 OF 2008
MD.ISLAM SIDDIQUI, SON OF LATE MASARUDDIN, RESIDENT OF VILLAGE
GANAUN, POLICE STATION GHANSHYAMPUR, DISTRICT DARBHANGA
VERSUS
1. THE STATE OF BIHAR
2. MOSSOMAT KHATUN, WIFE OF AMAN
3. MD. SAMASUDDIN, SON OF LATE SHEIKH KAMAL
4. HAIDAR ALI, SON OF LATE AZIZUL
ALL RESIDENT OF VILLAGE GANAUN, POLICE STATION GHANSHYAMPUR,
DISTRICT DARBHANGA
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2 01/08/2011 Heard Counsel for the petitioner and the
A.P.P. appearing on behalf of the State.
This application has been filed challenging
the order dated 17.04.2008 passed in M. R. No. 120 of
2008 by which the Sub Divisional Magistrate, Biraul,
Darbhanga has dropped the proceeding initiated under
Section 144 of the Code of Criminal Procedure on the
ground that the proceedings had lapsed. The petitioner
went in revision and the Revisional Court had also come
to a similar findings. However, the Revisional Court has
directed that if there is likelihood of breach of peace, the
Sub Divisional Officer would have the liberty to take
preventive steps to ensure that peace is maintained.
I do not see any illegality in the orders
impugned. This application is accordingly dismissed.
Anand (Sheema Ali Khan, J.)