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2018 DAILYLAW 2065 (PAT)

Dashaee Yadav @ Dasai Yadav and Ors v. The State Of Bihar and Ors

CR. MISC./40502/2018 · 2026-03-17

Sunil Dutta Mishra

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40502 of 2018 ====================================================== 1. Dashaee Yadav @ Dasai Yadav 2. Bhuttu Yadav 3. Bachkani Yadav, All Sons of Late Pooran Gope. All resident of Village- Baidyanathpur, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar 2. The S.D.M. Rosera, District- Samastipur. 3. Digambar Choudhary, S/o- Late Jay Kant Choudhary, resident of Village- Baidyanathpur, P.S.- Rosera, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Shankar Singh, Advocate Mr. Shishir Kumar Shishir, Advocate For the State : Mr. Narsingh Tanti, APP For O.P. No. 3 : Mr. Praveen Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 17-03-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the O.P. No. 3. 2. This petition has been filed for quashing the order dated 28.10.2016 passed by learned S.D.M., Rosera in M.R. No. 468 of 2016 by which the Court concerned has converted the proceeding u/s 144 Cr.P.C. to proceeding u/s 145 Cr.P.C. and further to quash the order dated 16.12.2017 passed by learned Additional Sessions Judge, Samastipur in Cr. Revision No. 78 of 2017 whereby and whereunder the Court concerned has dismissed the petition holding that the order converting Patna High Court CR. MISC. No.40502 of 2018(2) dt.17-03-2026 2/2 proceeding u/s 144 Cr.P.C. to proceeding u/s 145 Cr.P.C. is interlocutory one and is within the jurisdiction of the S.D.M. 3. Learned counsel for the petitioner submits that this case may be disposed of. 4. Learned A.P.P. for the State and learned counsel for the O.P. No. 3 have no objection to this prayer of the petitioner. 5. In view of the submissions of learned counsels for the parties, this case stands disposed of. utkarsh/- (Sunil Dutta Mishra, J) U T