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2023 Supreme(Pat) 825

JITENDRA KUMAR
Md. Taiyab Khan – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Md. Asif Kalim.
For the Opp. Party : Mr. Surendra Kumar, APP.

Jitendra Kumar, J. – The present petition, under Section 482 Cr.P.C. has been preferred by the petitioner impugning the order dated 16.05.2016 passed by Ld. Additional Sessions Judge-IV, Aurangabad in Cr. Rev. No. 48 of 2015 (6 of 2015) whereby Ld. A.S.J. has set aside the order dated 16.05.2015 passed by Ld. Executive Magistrate, Aurangabad in criminal proceeding bearing No. 1629 of 2014 (22 of 2015) whereby Ld. Executive Magistrate had rejected the petition of Respondent No.2, Brijnanadan Singh for dropping the proceeding on the ground of pendency of Title Suit No. 386 of 2014 before Ld. Sub-Judge-I, Aurangabad.

2. Relevant facts, as emerging from the record, are that on the basis of report of the local police station, the proceeding under Section 144 Cr.P.C. was initiated between Md. Taiyab Khan and Sri Brijnandan Singh @ Bablu Singh. The same proceeding under Section 144 Cr.P.C. was converted into a proceeding under Section 145 Cr.P.C. vide order dated 14.10.2014 and during pendency of the proceeding under Section 145 Cr.P.C. the said Brijnandan Singh @ Bablu Singh moved an application before Ld. Executive Magistrate to drop the proceeding under Section 145 Cr.P.C. on the ground

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