BINA KUMARI @ Srimati Bina Kumari v. The State of Bihar Bihar
Case at a glance
Outcome
Allowed
Accordingly, this application is allowed and the
Provisions considered
Key paragraphs
- Para 55. Accordingly, this application is allowed and the order dated 18.07.2020 passed in Case No. M669 of 2020 by the Sub-Divisional Magistrate, East Muzaffarpur, is hereby quashed. (Sandeep Kumar, J) Vikas/- U
Judgment
The State of Bihar Bihar
2.1. Pramila Devi W/o- Late Chandra Bhushan Thakur R/v Po- Sundarpur Ratwara Ps- Piar Dist- Muzaffarpur
2.
Manoj Kumar Thakur S/o- Late Chandra Bhushan Thakur R/v Po- Sundarpur Ratwara Ps- Piar Dist- Muzaffarpur
2.
Vinod Kumar @ Gonu S/o- Late Chandra Bhushan Thakur R/v Po- Sundarpur Ratwara Ps- Piar Dist- Muzaffarpur
Chandra Bhushan Thakur S/o- Sri Rajdeo Thakur R/v Po- Sundarpur Ratwara Ps- Pear Dist- Muzaffarpur ... ... Opposite Party/s : ====================================================== Appearance : For the Petitioner/s Mr.Jitendra Prasad Singh, Sr. Adv. Mr. Venkatesh Kaushik Mr.Jharkhandi Upadhyay Mr. Yogendra Mishra Ms. Swati Mishra. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR For the Opposite Party/s : For the opposite parties : 12 01-07-2026 Heard the parties. ORAL ORDER
2. This application has been filed for quashing the order dated 18.07.2020 passed in Case No. M669 of 2020 by the Sub-Divisional Magistrate, East Muzaffarpur by which he has converted the proceeding Under Section 145 of the Code of Criminal Procedure from proceeding under Section 144 of the Patna High Court CR. MISC. No.11292 of 2021(12) dt.01-07-2026 Cr.P.C.
3. It has been submitted by the learned senior counsel for the petitioner that for the same dispute between the parties, a title suit bearing Title Suit No. 24 of 2004 is going on in District Court, Muzaffarpur.
In these circumstances, the proceeding under Section 145 cannot be allowed to continue.
Operative part
Accordingly, this application is allowed and the order dated 18.07.2020 passed in Case No. M669 of 2020 by the Sub-Divisional Magistrate, East Muzaffarpur, is hereby quashed. (Sandeep Kumar, J) Vikas/- U
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this application is allowed and the
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 145.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.