Patna High Court
ASHOK KUMAR THAKURversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
Observations made in Section 144 proceedings and the revision are limited to those proceedings and shall not affect the merits of the pending title suit.
Summary
Ashok Kumar Thakur filed an application before the Patna High Court seeking to quash an order dated 25.05.2015 issued by the Sub‑Divisional Officer under Section 144 of the Criminal Procedure Code, and the subsequent confirming order dated 09.04.2019 by the Additional Sessions Judge. The petitioner argued that the observations made in those criminal proceedings should not influence his pending civil Title Suit No. 187 of 2015 before the Sub‑Judge‑II, Darbhanga. The Court held that the observations made in the Section 144 proceedings and the revision are confined to those specific criminal matters and cannot affect the merits of the separate title suit. Accordingly, the Court directed that the observations be limited to the criminal proceedings. The application was disposed of with this direction.
Issues considered
- Whether the observations made in Section 144 Cr.P.C. proceedings and the subsequent revision can affect the merits of a pending civil title suit.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 144
Subjects
- Section 144
- quashing order
- revision
- title suit
- criminal procedure
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4818 of 2020
======================================================
Ashok Kumar Thakur Son Of Late Sarju Thakur Resident Of Mohalla -
Baladulla, P.S.- L.N.M.U., District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Thakur Ram Ganga Prasad Limited through Smt. Sushila Devi Wife of
Shyam Babu Prasad Resident of Rice Soil Mills Marrahi, P.S.- Town,
District - Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chitranjan Sinha, Sr. Advocate
Mr. Baidyanath Thakur, Advocate
Mr. Kaushik Deo, Advocate
Mr. Abhay Kumar
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This application has been filed for the quashing of
the order dated 25.05.2015 passed by the learned Sub-Divisional
Officer, Sadar Darbhanga, in M.R. No. 615 of 2015, in a
proceeding under Section 144 of the Criminal Procedure Code,
as well as the quashing of the order dated 09.04.2019 passed by
the learned Additional Sessions Judge-IV, Darbhanga, in Cr.
Rev. No. 487 of 2015, whereby the order passed by the learned
Sub-Divisional Officer was confirmed and the revision petition
filed by the petitioner was rejected.
3. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.4818 of 2020(2) dt.03-02-2026
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he shall be satisfied if the observations made in the proceedings
before the learned Magistrate as well as the Revisional Court are
limited to those proceedings and they should not affect his case
which is pending vide Title Suit No. 187 of 2015 in the Court of
Sub-Judge-II, Darbhanga.
4. It goes without saying that any observation made in
Section 144 Cr.P.C. proceedings and the revision arising out of
it shall not affect the merits of the case in the Title Suit.
5. With the aforesaid observation and direction, this
application is disposed of.
(Sandeep Kumar, J)
Shishir/-
U
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