Patna High Court
Dashaee Yadav @ Dasai Yadav and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The conversion of a proceeding under section 144 CrPC to one under section 145 CrPC is an interlocutory act within the jurisdiction of the S.D.M., and the petition for quashing was disposed of on the parties' consent.
Summary
The petitioners sought to quash an order dated 28-10-2016 by the S.D.M., Rosera, which converted a proceeding under section 144 of the Criminal Procedure Code to one under section 145, and also to set aside a subsequent order of the Additional Sessions Judge dismissing the petition. The petition argued that the conversion was an interlocutory act beyond the S.D.M.'s jurisdiction. The State and the third opposite party raised no objection to the petitioners' request for disposal. The Court, after hearing counsel for all parties, accepted the consent of the parties and disposed of the petition. Consequently, the order converting the proceeding was affirmed as interlocutory and within the S.D.M.'s jurisdiction, and the petition was dismissed.
Issues considered
- Whether the conversion of a proceeding under section 144 CrPC to one under section 145 CrPC is an interlocutory act within the jurisdiction of the S.D.M.
- Whether the order converting the proceeding can be quashed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 144, 145
Subjects
- Criminal Procedure Code
- Section 144
- Section 145
- interlocutory order
- jurisdiction
- quash petition
- High Court
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40502 of 2018
======================================================
1. Dashaee Yadav @ Dasai Yadav
2. Bhuttu Yadav
3. Bachkani Yadav, All Sons of Late Pooran Gope. All resident of Village-
Baidyanathpur, P.S.- Rosera, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The S.D.M. Rosera, District- Samastipur.
3. Digambar Choudhary, S/o- Late Jay Kant Choudhary, resident of Village-
Baidyanathpur, P.S.- Rosera, District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Shankar Singh, Advocate
Mr. Shishir Kumar Shishir, Advocate
For the State : Mr. Narsingh Tanti, APP
For O.P. No. 3 : Mr. Praveen Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the O.P. No. 3.
2. This petition has been filed for quashing the order
dated 28.10.2016 passed by learned S.D.M., Rosera in M.R. No.
468 of 2016 by which the Court concerned has converted the
proceeding u/s 144 Cr.P.C. to proceeding u/s 145 Cr.P.C. and
further to quash the order dated 16.12.2017 passed by learned
Additional Sessions Judge, Samastipur in Cr. Revision No. 78 of
2017 whereby and whereunder the Court concerned has
dismissed the petition holding that the order converting
Patna High Court CR. MISC. No.40502 of 2018(2) dt.17-03-2026
2/2
proceeding u/s 144 Cr.P.C. to proceeding u/s 145 Cr.P.C. is
interlocutory one and is within the jurisdiction of the S.D.M.
3. Learned counsel for the petitioner submits that this
case may be disposed of.
4. Learned A.P.P. for the State and learned counsel for
the O.P. No. 3 have no objection to this prayer of the petitioner.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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