AWDHESH KR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under the inherent powers of the Court has been preferred with the prayer to quash the impugned order dated 16 -8 -93, passed by the learned Sub -divisional Magistrate, Sadar Darbhanga, in M.R. case No. 882/93 Rajendra Yadav V/s. Awdhesh Singh, whereby proceedings under Sec. 144 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), have been converted into one under Sec. 145 of the Code.

(2.) WHILE assailing the validity of the impugned order, learned Counsel for the petitioner submitted that by order dated 16 -8 -93, the learned S.D.M., Sadar Darbhanga, was pleased to initiate the proceedings under Sec. 144 of the Code against both the parties which have been registered as M.R. case No. 882/93. Thereafter, the proceedings were initiated between the parties under Section 48 -E of the Bihar Tenancy Act, 1885 (hereinafter referred to as "the Act"). This is evident from the notices issued to the parties, photo copies of which are Annexure -2 series to this application -Relevant provision of Sec. 48 -E of the Act reads as follows:

(3.) OF the Act. In case the same have come to an end, then proceedings under Sec. 145 of the Code can surely be initiated even in the face of the ratio of the aforesaid reported two judgments.