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Patna High Court

CHANDA DEVIversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

Initiation of proceedings under Sections 144/145 of the Criminal Procedure Code during the pendency of a first appeal is illegal, rendering the orders passed therein void.

Summary

Chanda Devi filed an application seeking to quash two orders that had declared possession under Section 145 of the Criminal Procedure Code – one dated 24 July 2019 by the Sessions Judge and another dated 25 April 2017 by the SDM. The petitioner contended that the proceedings under Sections 144 and 145 were initiated while the first appeal (F.A. No. 30 of 2011) was still pending, which is impermissible. The Court examined the precedent set in Janardan Rai @ Janardan Raut & Ors. v. State of Bihar & Ors and the Supreme Court decision in Deo Kuer & Another v. Sheo Prasad Singh & Ors. Relying on these authorities, the Court held that initiating criminal proceedings and passing orders during the pendency of a first appeal is illegal. Consequently, the Court allowed the petition and quashed both the 2019 and 2017 orders.

Issues considered

  • Whether proceedings under Sections 144 and 145 of the Cr.P.C. can be initiated while a first appeal is pending.
  • Whether orders passed in such circumstances are legally valid.

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 144
  • Section 145
  • quash order
  • pendency of appeal
  • possession
  • illegal proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CRIMINAL MISCELLANEOUS No.30781 of 2021
                 ======================================================
                 Chanda Devi W/O Vinod Kumar Singh R/O Village-Mujan, P.O-Mujan, P.S-
                 Mohania, District-Kaimur (Bhabhua).

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar
           2.    Satyanarayan Singh S/O Late Sunder Singh R/O Village And P.O-Mujan,
                 P.S-Mohania, District-Kaimur (Bhabua).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Raj Bansh Dubey
                 For the Opposite Party/s :   Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   03-02-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. This application has been filed for quashing the

                   order dated 24.07.2019, passed by the learned Sessions Judge,

                   Kaimur at Bhabua, in Criminal Revision No. 16/19 and also for

                   quashing the order dated 25.04.2017, passed in M. Case No.

                   8/2017 by the learned S.D.M., Mohania, Kaimur, whereby

                   possession under Section 145 of the Cr.P.C. was declared.

                                3. The learned counsel for the petitioner submits that

                   the initiation of proceeding under Section 144 and 145 during

                   the pendency of F.A. No. 30 of 2011 is not permissible in law. In

                   support of his submission, he relies upon a judgment of this

                   Court passed in the case of Janardan Rai @ Janardan Raut &
            Patna High Court CR. MISC. No.30781 of 2021(4) dt.03-02-2026
                                                        2/2




                      Ors v/s The State of Bihar & Ors passed in C.W.J.C. No. 4254

                      of 2019.

                                   4. The Judmment of the Hon’ble Supreme Court in

                      the case of Deo Kuer & Another vs. Sheo Prasad Singh & Ors.

                      reported as AIR 1966 SC 359 was relied upon by this Court in

                      the case of Janardan Rai @ Janardan Raut & Ors (Supra).

                                   5. Considering the afore-quoted decisions, this Court

                      is of the view that initiation of proceedings during the pendency

                      of first appeal and passing of orders are illegal, therefore the

                      impugned orders are unsustainable in the eyes of the law.

                                   5. Accordingly, this application is allowed and the

                      order dated 24.07.2019, passed by the learned Sessions Judge,

                      Kaimur at Bhabua, in Criminal Revision No. 16/19 and the

                      order dated 25.04.2017, passed in M. Case No. 8/2017 by the

                      learned S.D.M., Mohania, Kaimur are hereby quashed.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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