Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11106 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad ====================================================== Sunil Kumar Singh S/o Late Nand Kishor Singh R/o Village- Deokali, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s Versus
1. The State of Bihar Bihar
2. Arvind Kumar Singh S/o Late Nand Kisore R/o Village- Deokali, P.S.- Daudnagar, District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Opposite Party/s : Mr.Madhura Nand Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 10-04-2025 Heard the parties.
2. This application has been filed for quashing the
order dated 26.11.2019 passed by the Sub-Divisional Magistrate, Daudnagar in Case No. 1320 of 2018 by which the learned Sub-Divisional Magistrate, Daudnagar has allowed the petition filed by opposite party no. 02 under Section 146 of the Cr.P.C. and has attached the land in dispute.
3. Both the parties have jointly submitted that Partition Suit no. 167 of 2018 is pending between them and the same may kindly be directed to be disposed of at the earliest.
4. In view of the above, the order dated 26.11.2019 passed by the Sub-Divisional Magistrate, Daudnagar in Case
Patna High Court CR. MISC. No.11106 of 2020(3) dt.10-04-2025 2/2 No. 1320 of 2018 is hereby quashed on the ground that for the same land, a partition suit is pending and the concerned Court below, where the aforesaid partition suit is pending, is directed to dispose of the same within two years from the date of receipt/communication of a copy of this order.
5. Accordingly, this application stands disposed of with the aforesaid direction.
Vikas/- (Sandeep Kumar, J) U