NAND KISHORE THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure (in short the Cede) for quashing the order dated 19-7-199 1 of the 2nd Additional District and Sessions Judge, Siwan, whereby he had set aside the order of the Sub-divisional Magistrate dated 28-7-1990, declaring the possession of the petitioners under Section 145 of the Code with regard to the lands in dispute.

(2.) According to the learned judge the Sub-divisional Magistrate had erred in law, while converting the proceeding under Section 144 of the Code to a proceedings under Section 145 after the expiry of a period of sixty days. In support of such views, he has also placed reliance on a decision of this Court in the case of Mahesh Dhanuk v. Sakal Mahto. Since according to the Sessions Judge the conversion of the proceeding itself was bad, he did not consider other facts of the case.

(3.) It appears when this case was placed for hearing before a learned Single Judge, apart from other points submission was also made that in view of the law laid down by this Court in the case of Ram Chandra Rai and others v. The State of Bihar and others, no proceeding under Section 145 of the Code can continue beyond a period of seven years from the date of its initiation. The learned Judge having noticed that such a period was not prescribed under the Code referred the case to a Division Bench.