LAWS(PAT)-2017-12-37

SHAKIL AHMAD Vs. STATE OF BIHAR

Decided On December 20, 2017
Shakil Ahmad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel representing the opposite party no. 2 as well learned APP for the State.

(2.) Petitioners are aggrieved by the order dated 30.04.2014 passed by learned Sessions Judge, Vaishali at Hajipur by which he has refused to interfere with the order dated 25.05.2013 passed by learned SDM, Hajipur in Case No. MI-421 of 2013. By the order dated 25.05.2013, the learned SDM converted the proceeding under Section 144 Cr.P.C. to a proceeding under Section 145 Cr.P.C. against both parties.

(3.) From the narration of the facts emerging from the records it appears that on the basis of a police report dated 20th March, 2013, the learned SDM, Vaishali at Hajipur initiated a proceeding under Section 144 Cr.P.C. on 25.03.2013 in respect of a land in dispute. Both the parties contested the proceeding by filing show cause and thereafter impugned order has been passed on 25.05.2013 by the learned SDM converting the proceeding under Section 145 Cr.PC.