SHEIKH MD SAFIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsels for the petitioners, for respondents first set and for respondents second set.

(2.) THIS is a petition under Article 226 of the Constitution of India for quashing order dated 26.5.1997 recorded by the Sessions Judge, Vaishali at Hajipur in Cr. Revision No. 225 of 1996 by which the learned Sessions Judge had dismissed revision application for quashing order dated 14.5.1996 recorded by Sub -divisional Magistrate, Mahua in Case No. 97. of 1996.

(3.) IT will appear that the case was related to a proceeding which was earlier under Section 144 of the Code of Criminal Procedure but was converted into proceeding under Section 145 of the same Code. It will also appear that the learned lower Court was moved in Cr. Revision No. 225 of 1996 (Annexure -9) for quashing of the aforesaid order on the ground that for the same land Title Suit No. 73 of 1995 was pending in the Court of Munsif 2nd at Hajipur, hence such a proceeding before an Executive Court could not proceed.