KANGALI CHARAN GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts as constitute the subject -matter of this petition and the impugned order passed by the learned Magistrate, do not give raise to the proceedings under Section 145, Cr PC and on that ground alone, the proceedings were wrongly drawn up. The facts as constitute the subject -matter under Section 145, Cr PC petition actually point out to the existence of a civil dispute, if any, between the parties.

(2.) THE order, therefore, drawing up proceedings under Section 145, Cr PC is bad in law and this order dated 3.12.1999 as also the proceedings in Case No. 24/99 pending in the Court of Sri Tasnim Ahmad, Sub -Divisional Magistrate, Ramgarh, are quashed and set aside with all consequences. This petition is accordingly allowed.

(3.) APPLICATION allowed.