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Patna High Court

Bhola Yadav and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition to quash the conversion order was granted, and the petitioners were given liberty to file an appropriate petition.

Summary

The petitioners, a group of Yadavs, filed an application under Criminal Miscellaneous No.69289 of 2018 seeking to quash an order dated 30.08.2018 that had converted a proceeding originally instituted under Section 144 of the Criminal Procedure Code into one under Section 145. The conversion order was issued by the Additional Sessions Judge, Begusarai, following an earlier order of the S.D.M., Bakhri. The petitioners argued that the conversion was improper and requested liberty to file a more appropriate petition before the competent court. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Hon'ble Justice Sunil Dutta Mishra, after hearing counsel, disposed of the petition, granting the petitioners the liberty to file the appropriate petition as they deem fit.

Issues considered

  • Whether the order converting a Section 144 proceeding to a Section 145 proceeding can be quashed.
  • Whether the court may grant liberty to the petitioners to file an appropriate petition before the appropriate authority.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 144
  • Section 145
  • Quash order
  • Liberty to file petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.69289 of 2018
                 ======================================================
           1.     Bhola Yadav Son of Late Bahor YAdav,
           2.    Ghuran Yadav, Son of Late Basudeo Yadav,
           3.    Natho Yadav, Son of Late Basudeo Yadav,
           4.    Ranjit Kumar, Son of Late Ramjee Yadav, All are resident of Village- Tetri,
                 P.S.- Dandari, District- Begusarai.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    State Of Bihar
           2.    Upendra Yadav, Son of Late Paro Yadav, Resident of Village- Tetri, P.S.-
                 Dandari, District- Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Pranav Kumar Jha, Advocate
                 For the Opposite Party/s :   Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   01-05-2026                 Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                               2. This application has been filed for quashing the

                   order dated 30.08.2018 passed by learned Additional Sessions

                   Judge II, Begusarai in Cr. Rev. No.35 of 2017 preferred against

                   order dated 11.01.2017 passed by learned S.D.M., Bakhri in

                   Case No.215 of 2016 by which a proceeding under Section 144

                   Cr.P.C. was converted under Section 145 Cr.P.C.

                               3.Learned counsel for the petitioners submits that this

                   case may be disposed of with liberty to the petitioners to file

                   appropriate petition, if required; before the appropriate
           Patna High Court CR. MISC. No.69289 of 2018(3) dt.01-05-2026
                                                       2/2




                     authority/Court.

                                  4. Learned APP for the State has no objection to this

                     prayer of the petitioners.

                                   5. In view of the above submission, this petition is

                     disposed of with the liberty as prayed for.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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